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CONSTITUTION  i^.^^  M/^Qo  /*  <^^  i^oaI 


OV  THH 


STATE    OF   NEW  YOEK, 


/ 


ADOPTED    IN    1846. 


COMPARATIVE  ARRANGEMENT  OF  THE  CONSTITUTIONAL 

PROVISIONS  OP  OTHER  STATES,  CLASSIFIED 

BY  THEIR  SUBJECTS. 


PREPARED  UNDER  THE  DIRECTION  OP  A  COMMITTEE  OP  THE  NEW  YORK  CONSTITUTIONAL 

CONVENTION  OP  1887, 

BY  FRANKLIK  B.  HOUGH. 


ALBANY : 

WEED,  PARSONS  &  COMPANY,  PRINTERS. 
1867. 


^ 


I 


/ 


/^JJ  7«f- 


PREFACE. 


Previous  to  tlie  meeting  of  the  present  Constitutional  Convention,  a  summary  of 
tlie  various  provisions  found  in  tlie  existing  Constitutions  of  tlie  several  States  had 
l)een  prepared  by  Dr.  Franklin  B.  Hough,  with  the  design  of  aftbrding  facilities  for 
comparison  and  reference  in  tlie  revision  of  the  Constitution  of  the  State  of  New 
York.  This  suunnai-y  was  examined  by  several  delegates  to  the  Convention,  and  soon 
after  organization  the  undersigned  were  appointed  a  committee  to  take  into  consider- 
ation tlie  expediency  of  printing  in  bill  form  the  present  Constitution  of  New  York, 
with  such  comparative  references  as  might  be  proper.  This  committee  after  a 
careful  examination  of  tlie  plan  proposed  by  Dr.  Hough,  approved  of  its  general 
arrangement,  but  recommended  a  more  extended  list  of  references,  a  specilication  of 
tlie  page,  in  the  volume  of  Constitutions  forming  the  first  volume  of  the  "  Manual," 
where  the  subject  reterred  to  W(juld  be  found  in  its  proper  connection,  and  the 
adoption  of  the  exact  phraseology  used  in  the  several  Constitutions  whenever  practi- 
cable. A  concise  statement  was  thought  proper  in  cases  where  it  might  be  desirable 
to  present  the  various  provisions  upon  particular  subjects  at  a  single  glance. 

It  would  have  lieen  desirable  to  include  in  this  connection  references  to  legal 
decisions  upon  constitutional  points,  l)ut  tlie  brief  time  allowed  for  the  preparation, 
upon  the  plan  as  modified,  rendered  this  altogether  impracticable. 

From  tiie  blending  of  several  subjects  into  one  section,  which  in  other  cases  are 
stated  sejiarately,  a  strict  classification  could  not  in  all  cases  be  secured,  but  to  render 
this  inconvenience  less  sensible,  an  extended  index  has  been  ]>repared,  which  will 
obviate  ninch  of  the  difficulty  of  reference. 

As  a  general  rule,  provisions  of  a  strictly  local  cliaracter,  and  such  as  refer  to 
circumstances  and  conditions  that  have  ])asse<l  away,  are  omitted.  "Whenever  these 
have  been  retained,  the  analogies  whicii  they  suggest.  Mere  thought  worthy  of  notice, 


4 

as  in  some  cases  having  relation  to  a  similar  application  in  tlie  revision  now  l)efore 
the  Convention.  Whenever  reference  is  made  to  sections  "nearly  similar,"  it  will  be 
understood  that  they  differ  somewhat  in  the  phraseology,  hut  that  they  agree  in  their 
general  statement.  In  some  instances,  lengthy  sections,  embracing  minute  details,  are 
referred  to  without  insertion,  or  witli  but  a  brief  analysis  of  their  subject. 

JOHN  STANTON   GOULD,    Chairman, 

a.  M.   BECKWITII, 

JAMES   A.    BELL, 

G.  J.   TUCKER, 

MARIUS   SCHOONMAKER. 


CONSTITUTION  OF  NEW  YOKK, 

ADOPTED    IN    1846. 


We,  (he  people  of  the  Slate  of  New  York,  grateful  to  Almighty  God  for  our  freedom,  in,  order 
to  secure  its  blessings,  do  establish  this  Constitu(ion.(^) 


ARTICLE  I. 

1  SECTiojf  1.  No  member  of  this  State  shall  be  disfranchised,  or  deprived  of 

2  any  of  the  rights  or  privileges  secured  to  any  citizens  thereof,  unless  by  the  law 

3  of  the  land,  or  the  judgment  of  his  peers.(-) 


(!)  JV:  r.,  (1821),  41;  Afinn.,  310. 
(2}K  Y.,  (1777),  28;  (1821),  41. 

PREAMBLE. 
— In  order  to  form  a  more  perfect  Union,  establish 
justice,  insure  domestic  tranquility,  provide  for 
the  common  defense,  promote  the  general  welfare, 
and  secure  the  blessinjrs  of  liberty  to  ourselves  and 
our  posterity,  do  ordain  and  establish  this  Consti'ution. 
U.  t>.,  9.  [Same  except  "  government "  in  place  of 
"  Union,"]  7«.   151. 

— And  secure  to  ourselves  and  to  our  posterity  the 
rights  of  life,  liberty  and  property  ;  invoking  the  favor 
and  guidance  of  Almighty  God,  do  ordain  and  estab- 
lish the  following  Constitution  and  form  of  govern- 
ment.    Ala.  72. 

— Having  the  right  to  establish  for  ourselves  a  Con- 
stitution in  conlbrmity  with  the  Constitution  of  the 
United  States  of  America,  to  secure  to  ourselves  and 
our  posterity  the  protection  and  blessings  of  the 
Federal  Constitution,  and  the  enjoyment  of  all 
the  rights  of  liberty  and  the  free  pursuit  of  happiness, 
do  agree  to  continue  ourselves  as  a  free  and  indepen- 
dent Slate,  by  the  name  and  style  of -,  and  do 

ordain  and  establish  the  following  Constitution  for  the 
government  thereof     Ark.  83. 

— In  order  more  eifectually  to  define,  secure  and  per- 
petu;;te  the  liberties,  rights  and  privileges  which  they 
have  deriv,;d  from  their  ancestors,  hereby,  after  a 
careful  consideration  and  revision,  ordain  and  establish 
the  following  Constitution  and  form  of  civil  govern- 
ment    Gt.  107. 

— In  order  to  secure  to  ourselves  and  our  posterity 
the  enjoyment  of  all  the  rights  of  life,  liberty  and 
property,  and  the  pursuit  of  happiness,  do  mutually 
agree,  each  with  the  other,  to  form  the  following 
Constitution  aiid  form  of  government  in  and  for  the 
said  State.     Fla.  128. 

— In  order  to  form  a  permanent  government,  establish 
justice,  insure  domestic  tranquility  and  secure  the 
blessing  of  liberty  to  ourselves  and  our  posterity — 
acknowledging  and  invoking  the  guidance  of  Almighty 
God,  the  author  of  all  good  government,  do  ordain 
and  establish  this  Constitution.  Oa.  142. 
— To  the  end  that  justice  be  established,  public  order 
maintained,  and  liberty  perpetuated,  we,  the  people 
of.     lad.  109;   Or.  447. 

— Grateful  to  the  Supreme  Being  for  the  blessings 
hitherto  enjoyed,  and  feeling  our  dependence  on  Him 
for  a  continuation  of  those  blessings,  do  ordain  and 
establish  a  free  and  independent  government  by  the 
name  of     Iowa,  182. 

— Grateful  to  Almighty  God  for  our  civil  and  religious 
privileges,  in  order  to  insure  the  full  enjoyment  of 
our   rights    as   American    citizens,    do    ordain    and 
establish  this  Constitution.     Kan.  198. 
— We,    the   representatives  of  the   people   of , 


in  Convention  assembled,  to  secure  to  all  the 
citizens  thereof  the  enjoyment  of  the  rights  of  life, 
liberty  and  property,  and  of  pursuing  happiness,  do 
ordain  and  establish  this  Constitution  for  its  govern- 
ment.    Ky.  209. 

— We,  the  people  of  the  State  of ,  grateful  to 

Almighty  God  for  our  civil  and  religious  liberty,  and 
taking  into  our  serious  consideration  the  best  means 
for  establishing  a  good  Constitution  in  this  State,  for 
the  sure  foundation  and  more  permanent  security 
thereof,  declare  :     Md.  253. 

— Acknowledging,  with  grateful  hearts,  the  goodness 
of  the  Sovereign  Ruler  of  the  Universe  in  affording 
us  an  opportunity  so  favorable  to  the  design  ;  and 
imploring  his  aid  and  direction  in  its  accomplishment, 
do  agree  to  form  ourselves  into  a  free  and  indejiend- 

ent  State,  by  the  style  and  title  of .     J/e.,  239. 

— The  end  of  the  institution,  maintenance  and  admin- 
istration of  Government,  is  to  secure  the  existence 
of  the  body  politic,  to  protect  it,  and  to  furnish  the 
individuals  who  compose  it  with  the  power  of  enjoy- 
ing in  safety  and  tranquility,  their  natural  rights,  and 
the  blessings  of  life ;  and  whenever  these  great  objects 
are  not  obtained,  the  people  have  a  right  to  alter  the 
government,  and  to  take  measures  necessary  for  their 
safety,  prosperity  and  happiness. 
— The  body  politic  is  formed  by  a  voluntary  associa- 
tion of  individuals ;  it  is  a  social  compact,  by  which 
the  whole  people  covenants  with  each  citizen,  and 
each  citizen  with  the  whole  people,  that  all  shall  be 
governed  by  certain  laws  for  the  common  good.  It 
is  the  duty  of  the  people,  therefore,  in  framing  a  Con- 
stitution of  government,  to  provide  for  an  equitable 
mode  of  making  laws,  as  well  as  for  an  impartial 
interpretation  and  a  faithful  execution  of  them;  that 
eve7-y  man  may,  at  all  times,  find  his  security  in  them, 

We,   therefore,  the  people  of  ,  acknowledging, 

with  grateful  hearts,  the  goodness  of  the  great  Legis- 
lator of  the  Universe,  in  affording  us,  in  the  course  of 
His  providence,  an  opportunity,  deliberately  and 
peaceably,  without  fraud,  violence  or  surprise,  of 
entering  into  an  original,  explicit  and  solemn  compact 
with  each  other ;  and  of  forming  a  new  Constitution  of 
civil  government  for  ourselves  and  posterity ;  and 
devoutly  imploring  His  direction  in  so  interesting  a 
design,  do  agree  upon,  ordain  and  establish  the  fol- 
lowing Dedaraiion  of  Rights  and  Frame  of  Oovern- 
ment,   as   the  Constitutio.v   of  the    Commonwealth 

OF .     Afass.,  279. 

— Gratcfiil  to  God  for  our  civil  and  religious  liberty, 
and  desiring  to  perpetuate  its  blessings,  and  secure 
the  same  to  ourselves  and  our  posterity,  do  ordain 
and  establish  this  Constitution.  Min.,  319. 
— Grateful  to  Almighty  God,  the  Sovereign  Ruler 
of  Nations,  for  our  State  government,  our  liberties, 
and  our  connection  with  tlie  American  Union,  and 
acknowledging   our  dependence   upon  Him  for  the 


2 


continuance  of  those  blessings  to  us  and  our  posterity, 
do,  for  the  more  certain  security  thereof,  and 
for  the  better  government  of  tliis  State,  ordain 
and  estabhsh  this  revised  and  amended  Constitution. 
Mo.,  346. 

— That  the  general,  great,  and  essential  principles  of 
liberty  and  free  government  may  be  recognized  and 
established,  and  that  the  relations  of  this  State  to 
the  Union  and  government  of  the  United  States,  and 
those  of  the  people  of  this  State  to  the  rest  of  the 
American  people,  may  be  defined  and  allirmed,  we 
do  declare :     Mo.  34'). 

— Grateful  to  Almighty  God  for  our  freedom,  in 
order  to  secure  its  blessings,  form  a  more  perfect  gov- 
ernment, insure  domestic  tranquility  and  promote  the 
general  welfare,  do  establish  this  Constitution.  Neb. 
370 ;  (nearly  identical),  Xev.  379 ;  Ohio,  432 ;  iris.  559. 
— Grateful  to  Almiglity  God  for  the  civil  and  relig- 
ious liberty  which  He  hath  so  long  permitted  us  to 
enjoy,  and  looking  to  Ilim  for  a  blessing  upon  our 
endeavors  to  secure  and  transmit  the  same  unim- 
paired to  succeeding  generations,  do  ordain  and  estab- 
lish this  Constitution.  X.  J.,  411. 
— That  the  general,  great  and  essential  principles  of 
liberty  and  free  government  may  be  recognized  and 
established,  we  declare.  Miss.,  334. 
— Acknowledging,  with  gratitude  the  grace  and 
beneficence  of  God  in  penuitting  us  to  make  a  choice 
of  our  form  of  government,  do  ordain  and  establish 
this  Constitution.     Tcx.,  505. 

— That  the  general,  great  and  essential  principles  of 
liberty  and  free  government  may  be  recognized  and 
established,  we  declare.  Ala.,  72 ;  Ct.,  107 ;  Fl, 
129;  IU.\Go;   Pa.,  407;   rea;..  .505;   Term.,  m). 

[A  simple  declaration  of  establishment  ]    Del.,  IIG  ; 
Pa.  461  :  S.  C,  482. 

[Authority  of  U.  S.,  recited.]     Tenn.,  490. 

[No  preamble.]     Cat,  La.,  Md.,  Mich.,  N.  11,  N.  C, 
R.  I.,  Vt,  Va.,  W.    Va. 

INHERENT  RIGHTS. 
— The   free   inhabitants    of   each    of   these   States, 
paupers,     vagabonds     and     fugitives     from    justice 
excepted,  shall  be  entitled  to  all  the  privileges  of  free 
citizens.     Art.  Confed.,  3. 

— All  men  are  born  free  and  equal,  and  have  certain 
natural,  essential  and  unalienable  rights;  among 
which  may  be  reckoned  the  right  of  enjoying  and 
defending  their  lives  and  liberties ;  that  of  acquiring, 
pos.sessing  and  protecting  property ;  in  fine,  that  of 
seeking  and  obtaining  their  safety  and  happiness. 
Mass.,  280;  (nearly  similar)  Neb.,  370;  Nev.,  379; 
N.  //.,  398 ;  N.  J.,  412 ;  Ohio,  432 ;  Pa.,  467 ;  Vt., 
521;    Va.,  531;    Wis.,  559. 

— Therefore,  no  male  person,  born  in  this  country,  or 
brought  from  over  sea,  ought  to  be  holden,  by  law, 
to  serve  any  person,  as  a  servant,  slave  or  apprentice, 
after  he  arrives  to  the  age  of  twenty-one  years,  nor 
female,  in  like  manner,  after  she  arrives  to  the  age  of 
eighteen  years,  unless  they  are  bound  by  their  own 
consent  after  they  arrive  to  such  age,  or  Bound  by 
law  for  the  payment  of  debts,  damages,  fines,  costs 
or  the  like.      R,  521. 

— No  attainder  shall  work  corruption  of  blood,  nor, 
except  during  the  life  of  the  oft'cnder,  forfeiture  of 
estate.  The  estates  of  those  wlio  destroy  their  own 
lives  shall  descend  or  vest  as  in  case  of  natural  death, 
and  if  any  person  be  killed  by  accident,  no  forfeiture 
shall  be  thereby  incurred.  Del,  117. 
— The  estate  of  such  persons  as  may  destroy  their 
own  lives  shall  not  for  that  offense  be  forfeited,  but 
descend  or  ascend  in  the  same  manner  as  if  such  per- 
son had  died  in  a  natural  way.  Nor  shall  any  article 
which  shall  accidentally  occasion  the  death  of  any 
person  be  henceforth  deemed  a  deodand,  or  in  any 
wise  forfeited  on  account  of  such  misfortune.  N.  II., 
409 ;    Vt.  526. 

— That  the  estates  of  suicides  shall  descend,  or  vest, 
as  in  cases  of  natural  death  ;  and  that,  if  any  person 
shall  be  killed  by  casualty,  there  shall  be  no  Ibrfeiture 
by  reason  thereof.     Ala.,  73  ;  Ky.,  224. 


■ — Emigration  from  the  State  shall  not  be  prohibited. 
Ala.,  74;  Iml.,  171;  Ky.,  224;  Or,  448;  Pa.,  4G3. 
— Nor  sliall  any  irce  white  citizen  of  this  State  ever 
be  exiled  under  any  pretence  whatever.  Miss.,  335. 
— -That  all  the  people  have  a  natural  and  inherent 
right  to  emigrate  from  one  State  to  another  that  will 
receive  them.      Vt.,  522. 

— No  capitation  or  other  direct  tax  shall  be  laid! 
unless  in  proportion  to  the  census  or  enumeration 
herein  before  directed  to  be  taken.  U.  S.,  13. 
— Tlie  General  Assembly  shall  have  power  to 
authorize  the  levying  of  a  capitation  tax.  Fl.,  137. 
— Capitation  tax  shall  be  equal  throughout  the  State, 
upon  all  individuals  subject  to  the  same.  N.  C,  430. 
— No  poll-tax  shall  be  assessed  for  other  than  county 
purposes.     Arlc,  93. 

— The  General  Assembly  may,  whenever  they  shall 
deem  it  necessary,  cause  to  be  collected  from  all  able- 
bodied,  free  white  male  inhabitants  of  this  State, 
over  the  age  of  twenty-one  years  and  under  the  age 
of  sixty  years,  who  are  entitled  to  the  right  of 
suffrage,  a  capitation  tax  of  not  less  tlian  fifty  cents, 
nor  more  than  one  dollar  each.  III.,  163. 
- — That  the  levying  of  taxes  by  the  poll  is  grievous  and 
oppressive,  and  ouglit  to  be  prohibited  ;  that  paupers 
ought  not  to  be  assessed  for  the  support  of  the  Gov- 
ernment, but  every  other  person  in  the  State,  or 
persons  holding  property  therein,  ought  to  contribute 
liis  i^roportion  of  public  taxes  for  the  support  of  Gov- 
ernment, according  to  his  actual  worth  in  real  or 
personal  ])roperty ;  yet  fines,  duties  or  taxes  may 
properly  and  justly  be  imposed  or  laid  with  a  politi- 
cal view,  for  tlie  good  government  and  benefit  of  the 
community.     Md.,  254. 

— No  special  privileges  or  immunities  shall  ever  be 
granted  by  the  Legislature,  which  may  not  bo  altered, 
revoked  or  repealed  by  the  same  body ;  and  this 
power  shall  be  exercised  by  no  other  tribunal  or 
agency.     Kan.,  197. 

— That  a  long  continuance  in  the  Executive  Depart- 
ments, of  power  or  trust,  is  dangerous  to  liberty  ;  a 
rotation,  therefore,  in  those  departments,  is  one  of 
the  best  securities  of  permanent  freedom.  Md.  255. 
— Government  is  instituted  for  the  common  good; 
for  tlie  protection,  safety  prosperity  and  happiness  of 
the  people  ;  and  not  for  the  profit,  honor  or  private 
interest  of  any  one  man,  family  or  class  of  men; 
therefore,  the  people  alone  have  an  incontestable, 
imalienable  and  indefeasible  right  to  institute  govern- 
ment, and  to  reform,- alter  or  totally  change  the  same, 
when  their  protection,  safety,  prosperity  and  happi- 
ness require  it.  Mass.,  2^0;  (nearly  similar),  Miii., 
319;  A^CT.,  379;  R,  520;  Fa.,  531 ;  A! //.,  399. 
— No  man,  nor  corporation  or  association  of  men, 
have  any  other  title  to  obtain  advantages,  or  particu- 
lar and  exclusive  privileges,  distinct  li'om  those  of  the 
community,  than  what  rises  from  the  consideration 
of  services  rendered  to  the  public ;  and  this  title  being 
in  nature  neither  hereditary,  nor  transmissible  to 
children  or  descendants,  or  relations  by  blood,  the 
idea  of  a  man  born  a  magistrate,  law-giver  or  judge, 
is  absurd  and  unnatural.  Mass.,  280. 
— No  title  of  nobility  or  hereditary  distinction,  privi- 
lege, honor  or  emolument,  shall  ever  be  granted  or 
confirmed ;  nor  shall  any  ollice  be  created,  the 
appointment  to  wliich  shall  be  for  a  longer  time  than 
during  good  behavior.  Me.,  240. 
— No  office  or  place  whatsoever  in  government  shall 
be  hereditary — the  abilities  and  integrity  requisite  in 
all  not  being  transmissible  to  posterity  or  relations. 
A'  //.,  399. 

— That  the  Legislature  shall  not  grant  any  title  of 
nobility  or  hereditary  distinction,  nor  create  any 
office,  tlie  appointment  of  which  shall  be  for  a  longer 
term  than  during  good  behavior.  P«.,  408;  X  C,  488. 
— No  title  of  nobility  shall  be  granted ;  and  no  person 
holding  any  office  of  profit  or  trust  under  them,  sliall, 
without  the  consent  of  the  Congress,  accept  of  any 
present,  emolument,  office  or  title,  of  any  kind 
whatever,  from  any  king,  prince,  or  foreign  State. 
U.  S.,  13. 


— That  no  person  ong:ht  to  hold  at  the  same  time 
more  than  one  office  of  profit  created  by  the  Consti- 
tution or  Laws  of  this  State;  nor  ought  any  person 
in  pubhc  trust  to  receive  any  present  from  any  foreign 
prince,  or  State,  or  from  the  United  States,  or  any 
of  them,  without  the  approbation  of  tliis  State. 
Mel,  255. 

— Ko  hereditary  emoluments,  privileges  or  honors 
shall  ever  be  granted  or  conferred  in  this  State. 
Ct.,  108;  (nearly  similar),  FL,  130;  Kan.,  197;  Ky., 
224;  N.  C,  422;    Or.,  448. 

— No  hereditary  distinction  shall  be  granted,  nor  any 
office  created  or  exercised,  the  appointment  to  which 
shall  be  for  a  longer  term  than  during  good  beha- 
vior; and  no  person  holding  any  office  under  this 
State,  shall  accept  of  any  office  or  title  of  any  kind 
whatever,  from  any  king,  prince,  or  foreign  State. 
Del,  117. 

■ — That  no  title  of  nobility,  or  hereditary  distinction, 
privilege,  honor,  or  emolument,  shall  ever  be  granted 
or  conferred  in  this  State ;  and  that  no  office  shall  be 
created,  the  appointment  of  which  shall  be  for  a 
longer  term  than  during  good  behavior.  Ala.,  74. 
— That  no  title  of  nobility  or  hereditary  honors  ought 
to  be  granted  in  this  State.  Md ,  25G  ;  Ind.,  171. 
— All  freemen,  when  they  form  a  social  compact, 
have  equal  rights;  and  no  man,  or  set  of  men,  is 
entitled  to  exclusive,  separate  public  emoluments  or 
privileges,  but  in  consideration  of  public  services. 
A';/.,  223  ;   Tex.,  505. 

— Economy  being  a  most  essential  virtue  in  all  States, 
especially  in  a  young  one;  no  pension  should  be 
granted  but  in  consideration  of  actual  services ;  and 
such  pension  ought  to  be  granted  with  great  caution 
by  the  Legislature,  and  never  for  more  than  one  year 
at  a  time.     N.  II.,  401. 

— The  powers  of  government  reside  in  all  the  citi- 
zens of  the  State,  and  can  be  rightfully  exercised 
only  in  accordance  with  their  will  and  appointment. 
W.  Va.,  54G. 

— None  but  citizens  of  the  United  States  shall  be 
appointed  to  any  office  of  trust  or  profit  in  this  State. 
La.,  233. 

— That  absolute,  arbitrary  power  over  the  lives, 
liberty,  and  property  of  freemen,  exists  nowhere  in  a 
republic — not  even  in  the  largest  majority,  /u/.,  223. 
— No  authority  .shall,  on  any  pretense  whatever,  be 
exercised  over  the  people  or  members  of  this  State, 
but  such  as  shall  be  derived  from  and  granted  by 
them.     N.  T.  (1777),  2G. 

— The  people  of  this  State  have  the  sole  and  exclusive 
right  of  governing  themselves  as  a  free,  sovereign 
and  independent  State,  and  do,  and  forever  hereafter 
shall  exercise  and  enjoy  every  power,  jurisdiction  and 
right  pertaining  thereto,  which  is  not  or  may  not 
hereafter  be  by  them  expressly  delegated  to  the 
United  States  of  America,  in  Congress  assembled. 
N.  II,  399. 

— Nor  are  the  people  botmd  by  any  law  but  such  as 
they  have  in  like  manner  assented  to,  for  their  com- 
mon good.      VI.,  522. 

— That  every  citizen  of  this  State  owes  paramount 
allegiance  to  the  Constitution  and  government  of  the 
United  States,  and  that  no  law  or  ordinance  of  this 
State  in  contravention  or  subversion  thereof  can  have 
any  binding  force,     ^h.,  340. 

— That  this  State  shall  ever  remain  a  member  of  the 
American  Union;  that  the  people  thereof  are  a  part 
of  the  American  nation  ;  and  that  all  attempts,  from 
whatever  source  and  upon  whatever  pretext,  to  dis- 
solve said  Union,  or  to  sever  said  nation,  ouglit  to  ho 
resisted  with  the  whole  power  of  the  State.  Mu.,  340. 
— The  Constitution  of  the  United  States  and  the  laws 
made  in  pursuance  thereof  being  the  supreme  Law  of 
the  land,  every  citizen  of  this  State  owes  paramount 
allegiance  to  the  Constitution  and  Government  of  the 
United  States,  and  is  not  bound  by  any  law  or  ordi- 
nance of  this  State  in  contravention  or  subversion 
thereof.     Md.,  254. 

— But  the  paramount  allegiance  of  every  citizen  is 
due  to  the  Federal  government,  in  the  exercise  of  all 


its  Constitutional  powers  as  the  same  have  been  or 
may  be  defined  by  the  Superior  Court  of  the  United 
States ;  and  no  power  exists  in  the  people  of  this  or 
any  other  State  of  the  Federal  Union  to  dissolve 
their  connection  therewith,  or  perform  any  act  tend- 
ing to  impair,  subvert  or  resist  the  supreme  authority 
of  the  United  States.  The  Constitution  of  the 
United  States  confers  full  powers  on  the  Federal 
government  to  maintain  and  perpetuate  its  existence, 
and  whensoever  any  portion  of  the  States,  or  the 
people  tliereof,  attempt  to  secede  from  the  Federal 
Union,  or  forcibly  resist  the  execution  of  its  laws,  the 
Federal  government  may  by  warrant  of  the  Constitu- 
tion employ  armed  force  in  compelhng  obedience  to 
its  authority.     Nev.,  379. 

— Every  member  of  the  community  has  a  right  to  be 
protected  by  it  in  the  enjoyment  of  his  life,  liberty, 
and  property.  He  is  therefore  bound  to  contribute 
his  share  in  the  expense  of  such  protection,  and  to 
yield  his  personal  .service,  when  necessary,  or  an 
equivalent.  A'!//.  399;  (nearly  similar),  17,520. 
— Protection  to  person  and  property  is  the  duty  of 
government.      Ga.  142. 

— All  political  power  is  inherent  in  the  people,  and 
all  free  governments  are  founded  on  their  authority, 
and  instituted  for  their  benefit ;  and  they  have,  at  all 
times,  the  unalienable  right  to  alter,  reform,  or  abolish 
their  form  of  government,  in  such  manner  as  they 
may  think  expedient.  Tex.TMa;  (nearly  similar)  Ohio 
473 ;  Pa.  407  ;  S.  C.  487 ;  N.  C.  421 ;  Mo.  340 ;  N.  U. 
399. 

— That  we  hold  it  to  be  self-evident  that  all  men  are 
created  equally  free;  that  they  are  endowed  by  their 
Creator  with  certain  unalienable  rights,  among  which 
are  life,  liberty,  the  enjoyment  of  the  proceeds  of  their 
own  labor,  and  the  pursuit  of  happiness.  Md.,  253. 
— That  the  people  of  this  State,  by  their  legal  Repre- 
sentatives, have  the  sole,  inherent  and  exclusive  right 
of  governing  and  regulating  the  internal  police  of  the 
same.      Vi.,  521. 

— That  all  government  of  right  originates  from  the 
people,  is  founded  in  compact  only,  and  instituted 
solely  for  the  good  of  the  whole ;  and  they  have  at 
all  times  the  unalienable  right  to  alter,  reform  or 
abolish  their  form  of  government  in  such  manner  as 
they  may  deem  expedient.  Md.,  253. 
— 'I'hat  all  men,  when  tliey  form  a  social  compact,  are 
equal  in  rights;  and  that  no  man  or  set  of  men,  are 
entitled  to  exclusive  public  emoluments,  or  privileges, 
from  tlie  community.  C/.,  107  ;  Or.,  447  ;  J/ms.,  334. 
— Tliat  all  men  when  they  form  a  social  compact,  are 
equal,  and  have  certain  inherent  and  indefeasible 
rights,  amongst  which  are  those  of  enjoying  and 
defending  life  and  liberty;  of  acquiring,  possessing 
and  protecting  property  and  reputation,  and  of  pur- 
suing their  own  happiness.  Arh..  84;  Fl,  129. 
— That  the  people  of  this  State  ought  to  have  the 
sole  and  exclusive  right  of  regulating  the  internal 
government  and  police  thereof.  Md.,  253. 
— All  power  residing  originally  in  tlic  people,  and 
being  lierived  from  them,  the  several  magistrates  and 
officers  of  government,  vested  with  authoritj-,  wliether 
legislative,  executive  or  judicial,  are  the  substitutes 
and  agents,  and  are  at  all  times  accountable  to  them. 
Mas%.,  280. 

— All  men  are  by  nature  free  and  independent,  and 
have  certain  unalienable  rights,  among  which  are 
tliose  of  enjoying  and  defending  life  and  liberty, 
acquiring,  possessing,  and  protecting  property,  and 
pursuing  and  obtaining  safety  and  happiness.  Co'., 
90  ;  (substantially  similar).  III,  165  ;  Iowa,  183  ;  Kan., 
196;  Me.,  239;  Mo.,  390. 

— When  men  enter  into  a  state  of  society  they  sur- 
render up  some  of  their  natural  rights  to  tliat  society, 
in  order  to  procure  the  protection  of  others!,  and  with- 
out such  equivalent  the  surrender  is  void.  N.  II., 
398. 

— Through  Divine  goodness  all  men,  have,  by  nature, 
the  rights  of  worshipping  and  serving  their  Creator 
according  to  the  dictates  of  their  consciences,  of 
enjoying  and  defending  life  and  liberty,  of  acquiring 


1  S  2.  The  trial  by  jury  in  all  ca5es  in  which  it  has  been  heretofore  used,  shall 

2  remain  inviolate  forever  (') ;  but  a  jury  trial  may  be  waived  by  the  parties  in 

3  all  civil  cases  in  the  manner  prescribed  by  law.(-) 


and  protecting  reputation  and  property,  and,  in  pen- 
ernl  of  attaining  objects  suitable  to  their  condition, 
witliout  injury  by  one  to  another ;  and  as  these  riglits 
are  essential  to  their  welfare,  for  the  due  exercise 
thereof,  power  is  inherent  in  them  ;  and  therefore  all 
just  authority  in  the  institutions  of  political  society  is 
derived  from  the  people,  and  established  with  their 
consent,  to  advance  their  happiness:  And  they  may 
for  this  end,  as  circumstances  require,  from  time  to 
time,  alter  their  Constitution  of  government.  Del.,  IIO. 
— The  General  Assembly  shall  not  grant  to  any  citi- 
zen, or  class  of  citizens,  privileges,  or  immunities, 
which,  upon  the  same  terms,  shall  not  equally  belong 
to  all  citizens.     Ind,\"\. 

— That  no  man,  and  no  set  of  men,  are  entitled  to 
ejcclusive,  separate  public  emoluments  or  privileges, 
but  in  consideration  of  public  services.  Ala.,'i2\  Tex., 
508;    Va,  531;  .V.  C,  421. 

— The  Legislature  shall  pass  no  law  requiring  a  prop- 
erty qualification  for  office.  Ixi.,  235. 
— We  declare  that  all  men  are  created  equal ;  that 
they  are  endowed  by  their  Creator  with  certain  una- 
lienable rights  ;  that  among  these  are  life,  liberty,  and 
the  pursuit  of  liappiness ;  that  all  jiower  is  inherent 
in  the  people  ;  and  that  all  free  governments  are,  and 
of  right  ought  to  be,  founded  on  their  authority,  and 
instituted  for  their  peace,  safety  and  well  being.  For 
the  advancement  of  these  ends,  the  people  liave,  at 
all  times,  an  indefeasible  right  to  alter  and  reform 
their  government.     Ind.  170. 

— All  political  power  is  inherent  to  the  people.  Gov- 
ernment is  instituted  for  the  protection,  security  and 
benefit  of  the  people ;  and  tlicy  have  the  right  to 
alter  or  reform  the  same  whenever  the  public  good 
may  require  it.  Col.,  96  ;  (nearly  similar)  lova,  183  ; 
Kan..  197;  Ky.,  223;  J/m.,  334;  N  J.,  412;  Or., 
447  ;  «.  /,  473  ;  Tenn.,  490  ;  Va.,  531 ;  Vt.,  521. 
— That  all  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority,  and 
instituted  for  their  peace,  safety  and  happiness.  Ill , 
1G5;  i/?.,  239. 

— They  have,  therefore,  an  unalienable  and  indefeas- 
ible right  to  institute  government,  and  to  alter,  reform, 
or  totally  change  the  same,  when  their  safety  and 
happiness  require  it.     Me.,  239. 

— That  all  persons  invested  with  the  Legislative  or 
Executive  powers  of  Government  are  the  trustees  of 
the  public,  and  as  such  accountable  for  their  conduct ; 
wherefore,  whenever  the  ends  of  Government  are 
perverted,  and  public  liberty  manifestly  endangered, 
and  all  other  means  of  redress  are  ineffectual,  the 
people  may  and  of  right  ought  to  reform  the  old  or 
establish  a  new  government.  The  doctrine  of  non- 
resistance  against  arbitrary  power  and  oppression  is 
absurd,  slavish  and  destructive  of  the  good  and  hap- 
piness of  mankind.     Md.,  254. 

— That  the  people  of  this  State  have  the  inherent, 
sole,  and  exclusive  right  of  regulating  the  internal 
government  and  police  thereof,  and  of  altering  and 
abohshing  their  Constitution  and  form  of  government, 
whenever  it  may  be  necessary  to  their  safety  and  hap- 
piness ;  but  every  such  right  should  be  exercised  in 
pursuance  of  law,  and  consistently  with  the  Consti- 
tution of  the  United  States.  Mo.,  340. 
— That  every  foreigner  who  comes  to  settle  in  this 
State,  having  first  taken  an  oath  of  allegiance  to  the 
same,  may  purchase,  or,  by  other  just  means,  acquire, 
hold,  and  transfer  land,  or  other  real  estate,  and  after 
one  year's  residence  be  deemed  a  free  citizen.  N. 
C,  426. 

Naturalization    of   foreigners    allowed.       N.     Y., 
(1777),  3.3. 

— That  all  political  power  is  inherent  in  the  people, 
and  all  free  governments  are  founded  on  their 
authority,  and  instituted  for  their  benefit ;  and  that, 


therefore,  they  have  at  all  times  an  inalienable  and 
indefeasible  right  to  alter,  reform  or  abolish  their 
form  of  government  in  such  manner  as  they  may 
deem  expedient.  Ala.  72  ;  (substantially  similar), 
Ark:  8i;Ct.  107;  Ft.  129. 

RIGHT  OP  TRL\L;   TRIAL  BY  JURY. 

(1)  [Thus  far  in  Constitution  of  1821,  with  the  follow- 
ing addition  :]  "  And  no  new  court  shall  be  instituted, 
but  such  as  shall  proceed  according  to  the  course  of 
the  common  law  ;  except  such  courts  of  equity,  as 
the  Legislature  is  herein  authorized  to  establish." 
P.  41. 

(2)  [Similar  provision],  jY  T.,  (1777),  and  Mimi., 
319;  Mich.,  307;  Mv.  379. 

— Tlie  Legislative  Assembly  shall  so  provide  that  the 
most  competent  of  the  permanent  citizens  of  the 
county  shall  be  chosen  for  jurors;  and  outof  the  whole 
number  in  attendance  at  the  court,  seven  shall  be 
drawn  by  lot  as  grand  jurors,  five  of  whom  must 
concur  to  find  an  indictment;  but  the  Legislative 
Assembly  may  modify  or  abolish  grand  juries.  Or., 454. 
— The  right  of  trial  by  jury  shall  remain  inviolate ; 
and  shall  extend  to  all  cases  at  law,  without  regard 
to  the  amount  in  controversy ;  but  a  jury  trial  may 
bo  waived  by  the  parties  in  ad  eases,  in  the  manner 
prescribed  by  law.      Wis.  500. 

— That  the  inhabitants  of are  entitled  to   the 

common  law  of  England,  and  the  trial  by  jury 
according  to  the  course,  of  that  law,  and  to  the 
benefit  of  such  of  the  English  statutes  as  existed  on 
the  fourth  day  of  July,  seventeen  hundred  and 
seventy-six,  and  which,  by  experience,  have  been 
found  applicable  to  their  local  and  other  circumstan- 
ces, and  have  been  introduced,  used  and  practiced  by 
the  courts  of  law  or  equity,  and  also  of  all  acts  of 
Assembly  in  force  on  the  first  day  of  June,  eighteen 
hundred  and  sixty-four,  except  such  as  may  have 
since  expired  or  may  be  inconsistent  with  the  provi- 
sions of  this  Constitution,  subject,  nevertheless,  to 
the  revision  of  and  amendment  or  repeal  by  the 
Legislature  of  this  State ;  and  the  inhabitants  are 
also  entitled  to  all  property  derived  to  them  from  or 
under  the  charter  granted  by  His  Majesty  Charles 
the  First.     Md.,  253. 

— That  no  person  shall  be  accused,  arrested,  or 
detained,  except  in  cases  ascertained  by  law,  and 
according  to  the  forms  which  the  same  has  prescribed ; 
and  that  no  person  shall  be  punished,  but  by  virtue 
of  a  law  established  and  promulgated  prior  to  the 
oflTense,  and  legally  applied.  Ala.,  73. 
— That  the  right  of  trial  by  jury  shall  remain  invio- 
late; and  .shall  extend  to  all  cases  at  law,  without 
regard  to  the  amount  in  controvers}'.  III.,  165. 
■ — That  the  trial  of  facts  where  they  arise  is  one  of 
the  greatest  securities  of  the  lives,  liberties  and 
estate  of  the  people.     Md ,  254. 

— No  person  shall  be  held  to  answer  for  treason, 
felony  or  other  crime  not  cognizable  by  a  justice, 
unless  on  presentment  or  indictment  of  a  grand  jury. 
IK   Va.,  547. 

— The  Legislature  may  authorize  a  trial  by  a  jury  of 
a  less  number  than  twelve  men.  Mich.,  304. 
— No  person  shall  be  deprived  of  life,  liberty,  or 
properly,  except  by  due  process  of  law.  Ga.,  142. 
— In  criminal  prosecutions,  the  verification  of  facts, 
in  the  vicinity  where  they  happen,  is  one  of  the 
greatest  securities  of  the  life,  liberty  and  property  of 
the  citizens.     Mas.i.,  251. 

— That  the  ancient  mode  of  trial  by  jury  shall  be 
held  sacred,  and  the  right  thereof  remain  inviolate, 
subject  to  such  modifications  as  may  be  authorized  by 
this  Constitution.     Kij.,  223. 
— The  Jurors  of  this  State  shall  be  white  men,  pos- 


sessed  of  such  qualifications  as  may  be  prescribed  by 
law.     Fl,  140. 

— Trials  of  issues  proper  for  the  cognizance  of  a  jury, 
in  the  Supreme  and  County  Coui'ts,  shall  be  by 
jury,  except  where  the  parties  otherwise  agree;  and 
great  care  ouglit  to  be  taken  to  prevent  corruption, 
or  partiality,  in  the  choice  and  return,  or  appointment 
of  juries.    'Vt.,  526. 

— Tliat  no  person  shall  be  debarred  from  prosecuting 
or  defending,  before  any  tribunal  in  this  State,  by 
liimself  or  counsel,  any  civil  cause  to  which  lie  is  a 
party.     Ala.,  73. 

— Every  court  in  which  ary  person  shall  bo  sum- 
moned to  serve  as  a  gi'and  or  petit  juror,  shall  require 
him,  before  he  is  sworn  as  a  juror,  to  take  such  oath, 
in  open  court;  and  no  person  refusing  to  take  the 
same  shall  serve  as  a  juror.  Mn.,  350. 
— No  line  shall  be  laid  on  any  citizen  of  this  State, 
that  sliall  exceed  fii'ty  dollars ;  unless  it  shall  be 
assessed  by  a  jury  of  his  peers,  who  shall  assess  the 
fine  at  the  time  they  find  the  fact,  if  they  think  the 
fine  should  be  more  than  fifty  dollars.  Tenn ,  497. 
— In  all  cases  of  law  or  equity,  where  the  matter  in 
controversy  shall  be  valued  at  or  exceed  twenty  dol- 
lars, the  right  of  trial  by  jury  shall  be  preserved. 
Tex,  512. 

— That  no  freeman  shall  bo  imprisoned,  or  disseized 
of  his  freehold,  liberties,  or  privileges,,  or  outlawed 
or  exiled,  or  in  any  manner  deprived  of  liis  life, 
liberty,  or  property,  but  by  the  judgment  of  his  peers 
or  the  law  of  the  land.  ///.,  166;  Md.,  255;  (nearlv 
similar),  N.  C.  422;  Tex.  506. 

— Tliat  when  any  issue  in  fact,  proper  for  the  cogni- 
zance of  a  jury,  is  joined  in  a  court  of  law,  the  parties 
have  a  right  to  trial  by  jury,  which  ought  to  be  held 
sacred.      Vt.,  522. 

— No  person  shall  bo  held  to  answer  for  an  offense 
unless  on  the  presentment  or  indictment  of  a  grand 
jury,  except  in  eases  of  impeachment,  or  in  eases 
cognizable  by  justices  of  the  peace,  or  arising  in  the 
army  or  navy,  or  in  the  miUtia  when  in  actual  ser- 
vice in  time  of  war  or  pul)lic  danger.  Me.,  240  ;  X. 
J.,  412;  li.  I.,  473;  Provided,  That  Justices  of  the 
Peace  shall  try  no  person,  except  as  a  court  of 
inquiry,  for  any  offense  punishable  with  imprison- 
ment or  death,  or  fine  above  one  hundred  dollars. 
III.  160. 

— That  no  ! iceman  shall  be  put  to  answer  any 
criminal  charge  but  by  presentment,  indictment,  or 
impeachment.  Tenn.,  491  ;  N.  C,  422. 
— Tlio  trial  of  crimes  and  misdemeanors,  unless  here- 
in otherwise  provided,  shall  be  by  jury,  and  sliall  be 
held  publicly  and  without  unreasonable  delay,  in  the 
county  where  the  alleged  offense  was  committed, 
unless  upon  petition  of  the  accused  and  for  good 
cau.se  shown,  or  in  consequence  of  the  existence  of 
war  or  insurrection  in  such  county,  it  is  removed  to, 
or  instituted  in,  some  other  county.  In  all  such  trials 
the  accused  shall  be  informed  of  the  character  and 
cause  of  the  accusation,  and  be  confronted  with  the 
witnesses  against  him,  and  shall  have  the  assistance 
of  counsel  for  his  defense,  and  compulsory  process 
for  obtaining  witnesses  in  his  favor.  W.  Va.,  547. 
— In  all  criminal  ca.ses  whatever  the  jury  shall  have 
the  right  to  determine  the  law  and  the  facts.  Ind., 
170.  Under  the  direction  of  the  court  as  to  the  law, 
and  the  right  of  new  trial,  as  in  civil  cases.  Or., 
448. 

— In  all  controversies  concerning  property,  and  in 
all  suits  between  two  or  more  persons,  except  in 
cases  in  whicli  it  has  heretofore  been  otherways  u,sed 
and  practiced,  the  parties  have  a  right  to  a  trial  by 
jury ;  and  this  method  of  procedure  shall  be  held 
sacred,  unless,  in  causes  arising  on  the  high  seas,  and 
such  as  relate  to  mariners'  wages,  the  Legislature 
shall  hereafter  find  it  necessary  to  alter  it.  Mass.  281. 
— Every  man  being  presumed  innocent,  until  he  is 
pronouncL'd  guilty  by  the  law,  no  act  of  severity 
which  is  not  necessary  to  secure  an  accu.sed  person 
shall  be  permitted.     R.  1 ,  473. 

— The  right  of  trial  by  jury  shall  remain  inviolate; 
.4/a.,  73;    Ct ,  108;  but  the  General  Assembly  may 


authorize  trial  by  a  jury  of  a  less  number  than  twelve 
men  in  inferior  courts;  Keb.,  370;  but  no  person 
shall  be  deprived  of  lile,  liberty,  or  property,  with- 
out due  process  of  law.  Iowa,  183. 
— That  every  freeman  restrained  of  his  liberty  is 
entitled  to  a  remedy,  to  inquire  into  the  lawfulness 
thereof,  and  to  remove  the  same,  if  unlawful ;  and 
that  such  remedy  ought  not  to  be  denied  or  delayed. 
N.  a,  422. 

— Every  person  is  entitled  to  a  certain  remedy  in  the 
laws,  for  all  injuries  or  wrongs  which  he  may  receive 
in  his  person,  property,  or  character ;  he  ought  to 
obtain  justice  freely  and  without  being  obliged  to 
purchase  it  ;  completely  and  without  denial ; 
promptly  and  without  delay,  conformably  to  the 
laws.  Mill.  319;  N.  H.,  899;  R.  I.,  473;  'Vt,  521; 
Wis.,  560. 

— The  Legislature  shall  provide  by  law  a  suitable  and 
impartial  mode  of  .selecting  juries ;  and  their  usual 
number  and  unanimity,  in  indictments  and  convic- 
tions, shall  be  held  indispen.sable.  Me.,  240. 
— That  no  freedman  shall  be  convicted  of  any  crime, 
but  by  the  unanimous  verdict  of  a  jury  of  good  and 
lawful  men,  in  open  court,  as  heretofore  used.  N. 
a,  422. 

— In  all  civil  suits,  and  in  all  controversies  concerning 
property,  tlie  jiarties  shall  have  a  right  to  a  trial  by 
jury,  except  in  cases  where  it  has  heretotbre  been 
otherwise  practiced;  the  party  claiming  the  right 
may  be  heard  by  himself  and  his  counsel,  or  either, 
at  his  election.     Me.,  240. 

— It  is  essential  to  the  preservation  of  the  rights  of 
every  individual,  his  life,  liberty,  property  and  char- 
acter, that  there  be  an  impartial  interpretation  of  tlie 
laws  and  administration  of  justice.  It  is  the  rio-lit 
of  every  citizen  to  bo  tried  by  judges  as  free,  impar- 
tial and  independent  as  the  lot  of  humanity  will 
admit.  It  is,  therefore,  not  only  the  best  policy,  but 
for  the  security  of  the  rights  of  the  people,  and  of 
every  citizen,  that  the  Judges  of  tlie  Supreme  Judi- 
cial Court  should  hold  their  offices  as  long  as  they 
behave  themselves  well,  and  that  they  should  have 
honorable  salaries  ascertained  and  established  by 
standing  laws.     Miss.,  282. 

— That  no  person  shall  be  put  to  answer  any  crimi- 
nal charge,  but  by  presentment,  indictment  or 
impeachment,  except  in  sucli  cases  as  tlie  Legislature 
sliall  otherwise  provide ;  but  the  Legislature  shall 
pass  no  law  whereliy  any  person  shall  be  required 
to  answer  any  criminal  charge  involving  the  life  of 
the  accused,  e.xeept  upon  indictment  or  presentment 
by  a  Grand  Jury.     Fl.,  129. 

— In  every  criminal  prosecution,  the  accused  shall 
have  the  right  to  a  speedy  and  public  trial  by  an  im- 
partial jury,  which  may  consist  of  less  than  twelve 
men  in  all  courts  not  of  record ;  to  be  informed  of  the 
nature  of  the  accusation ;  to  be  confronted  with  the 
witnesses  against  him ;  to  have  compulsory  process 
for  obtaining  witnes.ses  in  his  favor,  and  have  the 
assistance  of  counsel  for  his  defense.  Mich.,  307. 
— That,  in  all  criminal  prosecutions,  the  accused  has 
a  right  to  be  heard  by  himself  and  counsel,  to  demand 
the  nature  and  cause  of  the  accusation,  to  have  a 
copy  thereof,  to  be  confronted  by  the  witnesses 
against  him,  to  have  compuKsory  process  for  obtaining 
witnesses  in  his  favor,  and,  in  all  prosecutions  by 
indictment  or  information,  a  speedy  public  trial  by  an 
impartial  jury  of  the  county  or  district  in  which  the 
oflense  was  committed;  and  that  he  shall  not  be 
compelled  to  give  evidence  against  himself,  nor  be  de- 
prived of  his  life,  liberty  or  property,  but  by  due 
course  of  law.  Ala.,  73;  (nearly  .similar),  A'y.,  223. 
--That  all  courts  shall  be  open;  and  that  every  per- 
son, for  any  injury  done  him,  in  his  lands,  goods, 
person  or  reputation,  shall  have  a  remedy  by  due 
course  of  law,  and  right  and  justice  administered, 
without  sale,  denial  or  delay.  Ala.,  73  ;  Ki/.,  223. 
— The  statutes  of  limitations  shall  not  be  pleaded 
upon  any  claim  in  the  hands  of  any  person  whom- 
soever, not  sued  upon  when  such  claim  was  not 
barred  by  the  statutes  of  limitation  on  the  10th  day 
of  January,  1861.     Fl,  141. 


6 


— No  law  of  this  State  providing  that  claims  or 
demands  against  the  estates  of  decedents  shall  be 
barred  if  not  presented  within  two  years,  shall 
be  considered  as  being  in  force  within  tliis  State 
between  tlie  lOtli  day  of  January,  18G1,  and  the  25th 
day  of  October,  1865.  FL,  141. 
— In  all  criminal  prosecutions  and  in  cases  involving 
the  life  or  liberty  of  an  individual,  the  accused  shall 
have  a  right  to  a  speedy  and  pubhc  trial  by  an  impar- 
tial jury  ;  to  be  informed  of  the  accusation  against 
him  :  to  have  a  copy  of  the  same  when  demanded  ; 
to  be  confronted  with  the  witnesses  against  him ;  to 
have  compulsory  process  for  his  witnesses ;  and 
to  have  the  assistance  of  counsel.  Neb.,  370. 
— That  in  all  prosecutions  for  criminal  offenses,  a  per- 
son hath  a  right  to  be  heard,  by  him.sclf  and  his  coun- 
sel ;  to  demand  the  cause  and  nature  of  his  accusa- 
tion ;  to  be  confronted  with  the  witnesses ;  to  call 
for  evidence  in  liis  fivvor,  and  a  speedy  public  trial  by 
an  impartial  jury  of  the  country,  without  the  unani- 
mous consent  of  which  jury,  he  cannot  be  found 
guilty ;  nor  can  he  be  compelled  to  give  evidence 
against  himself;  nor  can  any  person  be  justly  deprived 
of  his  liberty  except  by  the  laws  of  the  land,  or  the 
judgment  of  his  peers.  17.,  5li2. 
— That,  in  controversies  respecting  property,  and  ni 
suits  between  man  and  man,  the  ancient  trial  by  jury 
of  twelve  men  is  preferable  to  any  other,  and  ought 
to  be  held  sacred.      Va..  532. 

— In  suits  at  common  law,  where  the  value  in  con- 
troversy exceeds  twenty  dollars,  the  right  of  trial  Ijy 
jury,  if  required  by  either  party,  shall  be  preserved. 
No  fact  tried  by  a  jury  shall  be  otherwise  re-exam- 
ined in  any  ease  thaii  according  to  the  rules  of  the 
common  law.      W.  Va.,  547. 

—The  trial  by  jury,  as  heretofore  used  in  this  State, 
and  the  liberty  of  tlie  press,  shall  be  forever  inviola- 
bly preserved.  But  the  General  Assembly  shall  have 
power  to  determine  the  number  of  persons  who  shall 
constitute  the  jury  in  the  inferior  and  District  Courts. 
S.  a,  488. 

— No  person  shall  be  taken,  or  imprisoned,  or  dis- 
seized of  his  freehold,  liberties  or  privileges,  or  out- 
lawed or  exiled,  or  in  any  manner  deprived  of  his 
life,  liberty  or  property,  but  by  due  process  of  law; 
nor  shall  any  bill  of  attainder,  ex  post  facto  law,  or 
law  impairing  the  obligation  of  contracts,  ever  be 
passed  by  the  General  Assembly.  S.  C,  487. 
— That  no  freeman  shall  bo  taken  or  imprisoned,  or 
disseized  of  his  freehold,  liberties  or  privileges,  or  out- 
lawed or  exiled,  or  in  any  manner  destroyed  or 
deprived  of  his  life,  liberty  or  property,  but  by  the 
judgment    of   his   peers,   or   the  law   of   the  land. 

Tenn.,  491. 

—No  person,  in  time  of  peace,  shall  be  deprived  of 

life,  liberty  or  property  without  due  process  of  law. 

W.  Va.,  547. 

— In  Older  to  reap  the  fullest  advantage  of  the  ines- 
timable privilege  of  the  trial  by  jury,  great  care  ought 
to  be  taken  that  none  but  qualified  persons  should  be 
appointed  to  serve ;  and  such  ought  to  [be]  fully 
compensated  for  their  travel,  time  and  attendance. 
JV:  //.,  400. 

— That  no  person  can,  for  an  indictable  offense,  be 
proceeded  against  criminally  by  information,  except 
in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
mihtia  when  in  actual  service  in  the  time  of  war  or 
public  danger,  or  by  leave  of  court,  for  oppression 
or  misdemeanor  in  ofhce.  Mo.,  347. 
— That  in  all  controversies  at  law,  respecting  property, 
the  ancient  mode  of  trial  by  jury  is  one  of  the  best 
securities  of  the  rights  of  the  people,  and  ought  to 
remain  sacred  and  inviolable.     N.    C,  422. 

— The  right  of  trial  by  jury  shall  be  secured  to  all, 
and  remain  inviolate  forever ;  but  a  jury  trial  may  be 
waived  by  the  parties  in  all  civil  cases,  in  the  manner 


to  be  described  by  law ;  and  in  civil  caiios  if  three- 
fourths  of  the  jury  agree  upon  a  verdict,  it  shall  stand 
and  have  the  same  force  and  effect  as  a  verdict  by  the 
whole  jury :  Provided,  The  Legislature,  by  a  law 
passed  by  a  two-thirds  vote  of  all  the  members 
elected  to  each  branch  thereof,  may  require  a 
unanimous  verdict  notwithstanding  this  provision. 
iVev.,  379. 

— The  right  of  trial  by  jury  shall  remain  inviolate  ; 
but  the  Legislature  may  authorize  the  trial  of  civil 
suits,  when  the  matter  in  dispute  does  not  exceed 
fifty  dollars,  by  a  jury  of  six  men.  jV.  J.,  412. 
— In  all  controversies  concerning  property,  and  in  all 
suits  between  two  or  more  persons,  except  in  cases 
in  which  it  has  been  heretofore  otherwise  used  and 
practiced,  the  parties  have  a  right  to  trial  by  jury; 
and  this  method  of  procedure  shall  be  held  sacred, 
imless,  in  cases  arising  on  the  high  seas,  and  such  as 
relate  to  mariners'  wages,  the  Legislature  shall  tliink 
it  necessary  hereafter  to  alter  it.  N.  II.,  400. 
— In  criminal  prosecutions,  the  trial  of  the  facts  in 
the  vicinity  where  they  happen  is  so  essential  to  the 
security  of  the  life,  liberty  and  estate  of  the  citizen, 
that  no  crime  or  offense  ought  to  be  tried  in  any 
other  county  than  that  in  which  it  is  committed; 
except  in  cases  of  general  insurrection  in  any  partic- 
ular county,  when  it  shall  appear  to  the  Judges  of  the 
Superior  Court  that  an  impartial  trial  cannot  be  had 
in  the  county  where  the  offense  may  be  committed, 
and  upon  their  report,  the  Legislature  shall  think 
proper  to  direct  the  trial  in  the  nearest  county  in 
which  an  impartial  trial  can  bo  obtained.  JV.  //,  400. 
— That  no  person  shall,  for  any  indictable  offense,  be 
proceeded  against  criminally  by  information ;  except 
in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia  when  in  actual  service,  or  by  leave  of  the 
court,  for  misdemeanor  in  office.  Provided,  That 
the  Legislature  in  case  of  petit  larceny,  assault,  assault 
and  battery,  affray,  riot,  unlawful  assembly,  drunk- 
enness, vagrancy,  and  other  misdemeanors  of  like 
character,  may  dispense  with  an  inquest  of  a  grand 
jury,  and  may  authorize  prosecutions  before  Justices 
of  the  PcKce,  or  such  other  inferior  court  or  courts 
as  may  be  established  by  the  Legislature ;  and  the 
proceedings  in  such  cases  shall  be  regulated  by  law. 
J/(.s.s.,  335  ;  (nearly  similar),  Ala.,  73. 
— No  person  shall  be  held  to  answer  for  a  criminal 
offense  enless  on  the  presentment  or  indictment  of  a 
grand  jury  except  in  cases  of  impeachment,  or  in 
cases  cognizable  by  Justices  of  the  Peace,  or  arising 
in  the  army  or  navy,  or  in  the  militia,  when  in  actual 
service  in  time  of  war,  or  public  danger  ;  and  no  per- 
son for  the  same  offense  shall  be  put  twice  in  jeopardy 
of  punishment,  nor  shall  be  compelled  in  any  crimi- 
nal case  to  be  a  witness  against  himself  All  persons 
shall,  before  conviction,  be  bailable  by  sufficient  sure- 
tics,  except  for  capital  offenses,  when  the  proof  is 
evident  or  the  presumption  great;  and  the  privilege 
of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when,  in  cases  of  rebellion  or  invasion,  the 
public  safety  may  require.  Neb.,  370. 
— The  House  of  Delegates  may  inquire,  on  the  oath 
of  witnesses,  into  all  complaint?,  grievances  and 
offenses,  as  the  Grand  Inquest  of  the  State,  and  may 
commit  any  person,  for  any  crime,  to  the  public  jail, 
there  to  remain  until  discharged  by  due  course  of 
law  ;  they  may  examine  and  pass  all  accounts  of  the 
State,  relating  either  to  the  collection  or  expenditure 
of  the  revenue,  and  appoint  auditors  to  state  and 
adjust  the  same  ;  they  m.iy  call  for  all  public  or  offi- 
cial papers  and  records,  and  send  for  persons  whom 
they  may  judge  necessary  in  the  course  of  their 
inquiries  concerning  affairs  relating  to  the  public 
interest,  and  may  direct  all  office  bonds,  which  shall 
be  made  payable  to  the  State,  to  be  .sued  for  any 
breach  thereof.    Md.,  262. 


1  S  3.  The  free  exercise  and  enjoyment  of  religious  profession  and  worship, 

2  without  discrimination  or  preference,  shall  forever  be  allowed  in  this  State  to 

3  all  mankind  ;  (')  and  no  person  shall  be  rendered  incompetent  to  be  a  witness 

4  on  account  of  his  ojnnions  on  matters  of  religious  belief;  f)  but  the  liberty  of 

5  conscience  hereby  secured  shall  not  be  so  construed  as  to  excuse  acts  of  licentious- 

6  ness,  or  to  justify  practices  inconsistent  with  the  peace  or  safety  of  this  State.(') 


(I).  [The  clause  relating  to  incompetency  of  wit- 
nesses on  account  of  religious  belief,  is  not  included 
in  N.  y.  Constitution  of  1821.] 

(2).  Ltd.,  170;   Ohio,  432;  S.  C,  488. 

(3).   Cal,  96 ;    Cl.,  107 ;  J/ws.,  334 ;  JSfev.,  379. 

[A  preamble  giving  reasons].     N.  K,  (1777),  32. 


RELIGIOUS  FREEDOM. 

— Congress  shall  make  no  law  respecting  an  estab- 
lishment of  religion,  or  prohibiting  the  free  exercise 
thereof      U.  &,  18. 

— That  religion,  or  the  duty  which  we  owe  to  our 
Creator,  and  the  manner  of  discharging  it,  can  be 
directed  only  by  reason  and  conviction,  not  by  force 
or  violence ;  and,  therefore,  all  men  are  equally 
entitled  to  the  free  exercise  of  religion,  according  to 
the  dictates  of  conscience  ;  and  that  it  is  the  mutual 
duty  of  all  to  practice  Christian  forbearance,  love  and 
charity  towards  each  otlier.  Va ,  532. 
— That  no  person  within  this  State  shall,  upon  any 
pretense  whatever,  be  deprived  of  the  inestimable 
privilege  of  worsliipping  God  in  the  manner  most 
agreeable  to  his  own  conscience ;  nor  be  hurt, 
molested  or  restrained  in  his  religious  profession, 
sentiments  or  persuasions,  provided  he  does  not  dis- 
turb others  in  their  religious  worship.  Ala.,  72. 
— Tliat  all  men  have  a  natural  and  indefeasible  right 
to  worship  Almighty  God  ac(;ording  to  the  dictates 
of  their  own  consciences;  and  no  man  can,  of  right, 
be  compelled  to  attend,  erect  or  support  any  place  of 
worship,  or  to  maintain  any  ministry  against  his  con- 
sent; that  no  human  authority  can,  in  any  case  what- 
ever, interfere  with  the  rights  of  conscience;  and 
that  no  preference  shall  ever  be  given  to  any  religious 
establishment  or  mode  of  worship.  Ark.,  84 ;  III., 
1G5;  T;  7m.,  490;  Pa.,  467 :  TVj-.,  506;  J/o.,  346. 
— But  nothing  herein  shall  be  construed  to  dispense 
with  oaths  and  affirmations.  Religion,  morality  and 
knowledge,  however,  being  essential  to  good  govern- 
ment, it  shall  be  the  duty  of  the  General  Assembly 
to  pass  suitable  laws  to  protect  every  religious  deno- 
mination in  the  peaceable  enjoyment  of  its  own  mode 
of  public  worship,  and  to  encourage  schools  and  the 
means  of  instruction.  Ohio,  432;  A'ei.,  371. 
— That  no  religion  shall  be  established  by  law  ;  that 
no  preference  shall  be  given  by  law  to  any  religious 
sect,  society,  denomination,  or  mode  of  worship,  that 
no  one  shall  be  compelled  by  law  to  attend  any  place 
of  worship,  nor  to  pay  any  tithes,  taxes,  or  other 
rate,  for  building  or  repairing  any  place  of  worship, 
or  for  maintaining  any  minister  or  ministry;  that  no 
religious  test  shall  bo  required  as  a  qualification  to 
any  office  or  public  trust  under  this  State ;  and  that 
the  civil  rights,  privileges  and  capacities  of  any  citi- 
zen shall  not  be  in  any  manner  affected  by  his  reli- 
gious principles.     Ala.,  72. 

— That  no  other  test  or  qualification  ought  to  be 
required  on  admission  to  any  ofliee  of  trust  or  profit 
than  such  oath  of  allegiance  and  fidelity  to  this  State 
and  the  United  States  as  may  be  prescribed  by  this 
Constitution,  and  such  oath  of  office  and  qualification 
as  may  be  prescribed  by  this  Constitution,  or  by  the 


laws  of  the  State,  and  a  declaration  of  belief  in 
the  Christian  religion,  or  in  the  existence  of  God, 
and  in  a  future  state  of  rewards  and  punishments. 
Md.,  25. 

— That  the  civil  rights,  privileges  or  capacities  of  any 
citizen  shall  in  no  wise  be  diminished  or  enlarged  on 
account  of  his  religion.  Ark.,  Si;  Kt/.,  223. 
— The  right  to  worship  God  according  to  the  dic- 
tates of  conscience  shall  never  be  infringed ;  nor 
shall  any  person  be  compelled  to  attend  or  support 
any  form  of  worship ;  nor  shall  any  control  of,  or 
interference  with,  the  rights  of  conscience  be  per- 
mitted ;  nor  any  preference  be  given  by  law  to  any 
religious  establishment  or  mode  of  worship.  No 
religious  test  or  property  qualification  shall  be 
required  for  any  office  of  public  trust,  nor  for  any 
vote  at  any  election  ;  nor  shall  any  person  be  incom- 
petent to  testify  on  account  of  religious  belief  Kan., 
187. 

— And  whereas,  the  ministers  of  the  gospel  are,  by 
their  profession,  dedicated  to  the  service  of  God,  and 
the  cure  of  souls,  and  ought  not  to  be  diverted  from 
the  great  duties  of  their  functions ;  therefore,  no 
minister  of  the  gcspel,  or  priest  of  any  denomination 
whatsoever,  shall  at  any  time  hereafter  under  any 
pretense  or  description  whatever,  be  eligible  to,  or 
capable  of  holding,  any  civil  or  mditary  office  or  place 
within  this  State.  N.  Y.,  (1777),  33,  (1821,)  41. 
— Therefore  no  minister  of  the  gospel,  or  priest  of  any 
denomination  whatever,  shall  be  eligible  to  a  seat  in 
either  House  of  the  Legislature.  Tenn..  498 ;  (similar 
provision), /^a.,  229  ;  ^V.  C,  425  ;  Ta.,'536. 
— No  liccn.sed  minister  of  the  Gospel  shall  be  required 
to  perform  military  duty,  work  on  roads,  or  serve  on 
juries  in  this  State,     rec,  514. 

— No  sectarian  instruction  shall  be  imparted  or  tol- 
erated in  any  school  or  university  that  may  be  estab- 
lished under  this  Constitution.  Nev.,  391. 
■ — Tlierefore  no  minister  of  the  gospel,  or  public 
preacher  of  any  religious  persuasion,  whilst  he  con- 
tinues in  the  exercise  of  his  pastoral  functions,  shall 
be  eligible  to  the  office  of  Governor,  Lieutenant- 
Governor,  or  to  a  seat  in  the  Senate  or  House  of 
Representatives.  S.  C,  484;  Tfec.,  509. 
— The  Legislature  shall  not  diminish  or  enlarge  the 
civil  or  jjolitical  rights,  privileges  and  capacities  of 
any  person  on  account  of  his  opinion  or  belief  con- 
cerning matters  of  religion.  Mich.,  304. 
— No  man  shall  lie  compelled  to  frequent  or  support 
any  religious  worship,  place  or  ministry  whatsoever ; 
nor  shall  any  man  be  enforced,  restrained,  molested 
or  burdened  in  his  body  or  goods,  or  otherwise 
suffer,  on  account  of  his  religious  belief;  but  all  men 
shall  be  free  to  profess,  and  by  argument  to  maintain, 
their  opinions  in  matters  of  religion,  and  the  same 
shall  in  no  wise  affect,  diminish  or  enlarge  their  civil 
capacities.  And  the  Legislature  shall  not  prescribe 
any  religious  test  whatever  ;  or  confer  any  peculiar 
privileges  or  advantages  on  any  sect  or  denomina- 
tion ;  or  pass  any  law  requiring  or  authorizing  any 
religious  society,  or  the  people  of  any  district  within 
this  State,  to  levy  on  themselves  or  others,  any  tax 
for  the  erection  or  repair  of  any  house  for  public 
worship,  or  for  the  support  of  any  church  or 
ministry  ;  but  it  shall  be  left  free  to  every  person  to 
select  his  religious  instructor,  and  to  make  for  hi.s 


8 


support,  such  private  contract  as  he  shall  please. 
Fa.,  537  ;  TK  Va.,  547. 

— The  militia  of  this  State  shall,  at  all  times  here- 
after, be  armeil  and  disciplined,  and  in  readiness  for 
service;  but  all  such  inhabitants  of  this  State,  of  any 
religious  denomination  ■whatever,  as  from  scruples  of 
conscience,  may  be  adverse  to  bearing  arms,  shall  he 
excused  therefrom  by  paying  to  the  State  an  equiva- 
lent in  money ;  and  the  Legislature  shall  provide  by 
law  for  the  collection  of  such  equivalent,  to  be  esti- 
mated according  to  the  expense,  iu  time  and  money, 
of  an  ordinary,  able-bodied  militia-man.  N.  Y., 
(1821),  41. 

— Among  the  natural  rights,  some  are  in  their  very 
nature  unalienable,  because  no  equivalent  can  bo 
given  or  received  for  them.  One  of  this  kind  arc 
rights  of  conscience.  K.  II.,  398. 
—No  person  shall  be  rendered  incompetent  to  be  a 
witness  on  account  of  his  opinions  on  matters  of 
religious  belief     Mich.,  307. 

— As  the  public  worship  of  God,  and  instructions  in 
piety,  religion  and  morality,  promote  the  happiness 
and  prosperity  of  a  people,  and  the  securit)'  of  a 
republican  government,  therefore  the  several  religious 
societies  of  this  Commonwealth,  whether  corporate 
or  unincorporate,  at  any  meeting  legally  warned  and 
holden  for  that  purpose,  shall  ever  have  the  right  to 
elect  their  pastors  or  religious  teachers,  to  contract 
with  them  for  their  support,  to  raise  money  for  erect- 
ing and  repairing  houses  for  public  worship,  for  the 
maintenance  of  religious  instruction,  and  for  the  pa\-- 
ment  of  necessary  expenses;  and  all  per.sons  belonging 
to  any  religious  society  shall  be  taken  and  held  to  be 
members,  until  they  shall  fde  with  the  clerk  of  such 
society  a  written  notice  declaring  the  dissolution  of 
tlieir  membership,  and  thenceforth  shall  not  be  liable 
for  any  grant  or  contract  which  may  be  thereafter 
made  or  entered  ir.to  by  such  society  ;  and  all  relig- 
ious sects  and  denominations,  demeaning  themselves 
peaceably,  and  as  good  citizens  of  the  Connnonwcalth, 
shall  be  equally  under  the  protection  of  tlielaw  ;  and 
no  subordination  of  any  one  sect  or  denomination  to 
another  shall  ever  be  eslabli.shed  by  law.  Mass.,  "iOG. 
— That  there  shall  be  no  establislunent  of  any  one 
religious  church  or  denomination  in  this  State  in 
preference  to  any  other;  neither  shall  any  person,  on 
any  pretense  whatsoever,  be  compelled  to  attend  any 
place  of  worship  contrary  to  his  own  faith  or  judg- 
ment, nor  be  obliged  to  pay  for  the  purchase  of  any 
glebe,  or  the  building  of  any  house  of  worship,  or 
for  the  maintenance  of  any  minister  or  ministry,  con- 
trary to  what  lie  believes  right  and  has  voluntarily 
and  personally  engaged  to  perform ;  but  all  persons 
shall  be  at  liberty  to  exercise  their  own  mode  of 
worship :  Provided,  That  nothing  herein  contained 
shall  be  construed  io  exempt  preachers  of  treasonable 
or  seditious  discourses  from  legal  trial  and  punish- 
ment.    N.  a,  425. 

— That  all  men  have  a  natural  and  indefeasible  right 
to  worship  Almighty  God  according  to  the  dictates 
of  their  own  consciences;  that  no  man  shall  be  com- 
pelled to  attend,  erect  or  support  any  place  of  worship, 
or  to  maintain  any  ministry  against  his  consent;  that 
no  human  authority  ought,  in  any  case  whatever,  to 
control  or  interfere  with  the  rights  of  conscience; 
and  that  no  preference  shall  ever  be  given  by  law  to 
any  religious  societies  or  modes  of  worship.  Ky.,  223. 
— -Perfeci  freedom  of  religious  sentiment,  be  and  the 
same  is  hereby  secured,  and  no  mliabitant  of  this 
State,  shall  ever  be  molested  in  person  or  property^ 
nor  prohibited  from  holding  any  public  ofBce  or  trust 
on  account  of  his  religious  opinion.  Oa.,  142. 
— That  no  person  shall  be  molested  for  his  opinions 
on  iiny  subject  whatever,  nor  suffer  any  civil  or  poli- 
tical incapacity,  or  acquire  any  civil  or  political 
advantages,  in  consequence  of  such  opinions,  except 
in  cases  provided  for  in  this  Constitution.  Mi^s. 
334. 

— All  men  shall  be  secured  in  the  natural  right  to 
worship  Almighty  God  according  to  the  dictates  of 
their  own  consciences.  Ind.,  170  ;  J/e.,  239;  Or,  447. 
— And  no  one  shall  be  hurt,  molested  or  restrained 


in  his  person,  liberty  or  estate,  for  worshipping  God 
in  the  manner  and  season  most  agreeable  to  the  dic- 
tates of  his  own  conscience,  nor  for  his  religious 
professions  or  sentiment.s,  provided  he  does  not  dis- 
turb the  public  peace,  nor  obstruct  others  in  their 
religious  worship  ; — and  all  persons  demeaning  them- 
selves peaceably,  as  good  members  of  the  State,  shall 
be  equally  under  the  protection  of  the  laws,  and  no 
subordination  nor  preference,  of  any  one  sect  or 
denomination  to  another,  shall  ever  be  established  by 
law,  nor  shall  any  religious  test  be  required  as  a 
qualification  for  any  office  or  trust  under  this  State ; 
and  all  religious  societies  in  this  State,  whether  incor- 
porate or  unincorporate,  shall  at  all  times  have  the 
exclusive  right  of  electing  their  public  teachers,  and 
contracting  willi  them  for  their  support  and  main- 
tenance.    Me.,  239. 

— No  law  shall,  in  any  case  whatever,  control  the 
free  exercise  and  enjoyment  of  religious  opinions,  or 
interfere  with  the  rights  of  conscience.  Ind.,  170; 
Or.,  447. 

— Nor  can  any  man,  who  is  conscientiously  scru- 
pulous of  bearing  arms,  be  justly  compelled  thereto, 
if  he  will  pay  such  equivalent.  A"!  II.,  399  ;  (nearly 
similar),  Ala.,  74;  Tex.,  514;  III,  1C3 ;  Ind,  180; 
Vt.,  522. 

— The  Legislature  shall  pass  laws,  exempting  citizens 
belonging  to  any  sect  or  denomination  of  religion 
the  tenets  of  which  are  known  to  be  opposed  to  the 
bearing  of  arms,  from  attending  private  and  general 
musters.     Tenn.,  408. 

— That  no  person  who  acknowledges  the  being  of  _ 
God  and  a  future  state  of  rewards  and  punishments, 
shall,  on  account  of  his  religious  sentiments,  be  dis- 
qualified to  hold  any  office  or  place  of  trust  or  profit 
under  this  Commonwealth.  I'a.,  467. 
—  No  person  who  shall  deny  the  being  of  God,  or  the 
truth  of  the  Christian  religion,  or  the  divine  authority 
of  tlie  old  or  new  Testament,  or  wlio  shall  hold 
religious  principles  incompatible  with  the  freedom  or 
safety  of  the  State,  shall  bo  capable  of  holding  any 
ollicc  or  place  of  trust  or  profit  in  the  civil  depart- 
ment within  this  State.  N.  C.,  430. 
— No  person  wlio  denies  the  being  of  a  God  shall 
hold  any  office  in  the  civil  department  of  this  State, 
nor  be  allowed  his  oath  in  any  court.  Ark.,  93; 
[Tenn.,  498]. 

— No  person  who  denies  the  being  of  a  God,  or  a 
future  state  of  rewards  and  jiunishments,  shall  hold 
any  office  in  the  civil  department  of  this  State. 
Miss.,  342. 

— No  contract  of  marriage,  if  otherwise  duly  made, 
shall  be  invalidated  for  want  of  conformity  to  the 
requirements  of  any  religious  sect.  Cal.,  104. 
— It  being  the  duty  of  all  men  to  worship  the 
Supreme  Being,  the  Great  Creator  and  Preserver  of 
the  universe,  and  their  right  to  render  that  worship 
in  the  mode  most  consistent  with  the  dictates  of  their 
conscience,  no  person  shall  by  law  be  compelled  to 
join  or  support,  or  be  classed  with  or  associated 
to  any  congregation,  church,  or  religious  association. 
But  every  person  now  belonging  to  such  congrega- 
tion, church,  or  religious  association,  shall  remain  a 
member  thereof  until  he  shall  liave  separated  himself 
therefrom  in  the  manner  hereinafter  provided.  And 
each  and  every  society  or  denomination  of  Christians 
in  this  State  sliall  have  and  enjoy  the  same  and  equal 
powers,  rights  and  privileges,  and  shall  have  power 
and  authority  to  support  and  maintain  the  ministers 
or  teachers  of  their  respective  denominations,  and  to 
build  and  repair  houses  for  public  worship  by  a  tax 
on  the  members  of  any  such  society  only,  to  be  laid 
by  a  major  vote  of  the  legal  voters  assembled  at  any 
society  meeting,  warned  and  held  according  to  law, 
or  in  any  other  manner.  Cl.,  112. 
— If  any  person  shall  choose  to  separate  himself  from 
the  society  or  denomination  of  Christians  to  which 
he  may  belong,  and  shall  leave  a  written  notice  thereof 
with  the  clerk  of  such  society,  he  shall  thereupon  bo 
no  longer  liable  for  any  future  expenses  which  may 
be  incurred  by  said  society.  Ct.,  1 12. 
— That  all  men  have  a  natural  and  inalienable  right 


9 


to  -worship  Almighty  God  according  to  the  dictates 
of  their  own  conscience,  [K  C,  722,]  and  that  no 
preference  shall  ever  be  given  by  law  to  any  religious 
establishment  or  mode  of  worship  in  this  State.  Fl., 
124. 

— The  Legislature  shall  pass  no  law  to  prevent  any 
person  from  worshipping  Almighty  God  according  to 
the  dictates  of  his  own  conscience,  or  to  compel  any 
person  to  attend,  erect  or  support  any  place  of  relig- 
ious worship,  or  to  pay  tithes,  taxes  or  other  rates 
for  the  support  of  any  minister  of  the  Gospel  or 
teacher  of  religion.  Mich.,  307. 
— Although  it  is  the  duty  of  all  men  frequently  to 
assemble  together  for  the  public  worship  of  the  Author 
of  the  Universe,  and  piety  and  morality,  on  which 
the  prosperity  of  communities  depends,  are  thereby 
promoted ;  yet  no  man  shall,  or  ought  to  be  com- 
pelled to  attend  any  religious  worship,  to  contribute 
to  the  erection  or  support  of  any  ]ilace  of  worship, 
or  to  the  maintenance  of  any  ministry,  against  his 
own  free  will  and  consent,  and  no  power  shall  or 
ought  to  be  vested  in  or  assumed  by  any  magistrate, 
that. shall  in  any  case  interfere  with,  or  in  any  man- 
ner control  the  rights  of  conscience,  in  the  free 
exercise  of  religious  worship  :  nor  shall  a  preference 
be  given  by  law  to  any  religious  societies,  denomina- 
tion or  modes  of  worship.  Del,  1 IC. 
— The  General  Assembly  .shall  make  no  law  respect- 
ing an  establishment  of  religion,  or  prohibiting  the 
free  exercise  thereof;  nor  shall  any  person  be  ccm- 
pelled  to  attend  any  place  of  worship,  pay  tithes, 
taxes,  or  other  rates  for  building  or  repairing  places 
of  worship,  or  tlie  maintenance  of  any  minister  or 
ministry.     loiva,  183. 

— No  religious  test  shall  be  required  as  a  qualification 
to  any  office,  or  public  trust,  under  tliis  State.  Del, 
116;  III,  165;  Ind.,  170;  Iowa,  183;  Or.,  447;  Ohio, 
432  ;  K  J.,  912  ;  Neb.,  371 ;  Tex.,  505  ;  Teyin.,  490  ; 
Win.,  5G0. 

— Tliat  every  gift,  sale  or  devise  of  land,  to  any  min- 
ister, public  teacher  or  preacher  of  the  Gospel,  as 
such,  or  to  any  religious  sect,  order  or  denomination, 
or  to  or  for  the  support,  use  or  benefit  of,  or  in  trust 
for  any  minister,  public  teacher,  or  preacher  of  the 
Gospel,  as  such,  or  any  religious  sect,  order  or  denom- 
ination, and  every  gift  or  sale  of  goods  or  chattels  to 
go  in  succession,  or  to  take  place  after  the  death  of 
the  seller  or  donor,  to  or  for  such  support,  use  or 
benefit ;  and  also,  every  devise  of  goods  or  chattels, 
to  or  fur  the  support,  use  or  benefit  of  any  minister, 
public  teacher  or  preacher  of  the  Gospel,  as  such  ;  or 
any  religious  sect,  order  or  denomination,  without 
the  prior  or  subsequent  sanction  of  the  Legislature, 
shall  be  void ;  except  always  any  sale,  gift,  lease  or 
devise  of  any  quantity  of  land  not  exceeding  five  acres, 
for  a  church,  meee ting-house  or  other  house  of  wor- 
ship, or  parsonage,  or  for  a  burying-ground,  which 
shall  be  improved,  enjoyed  or  used  only  for  such  pur- 
pose, or  such  sale,  gift,  lease  or  devise  shall  be  void. 
Md.,  255. 

— Tliat  every  gift,  sale,  or  devise  of  any  land  to  any 
minister,  public  teacher,  or  preacher  oi'  the  Gospel, 
as  such,  or  to  any  religious  sect,  order  or  denomina- 
tion ;  or  to,  or  for  the  support,  use  or  benefit  of,  or 
in  trust  for,  any  minister,  public  teacher  or  preacher 
of  the  Gospel,  as  such,  or  any  religious  sect,  order  or 
denomination ;  and  every  gift  or  sale  of  goods  or 
chattels  to  go  in  succession,  or  to  take  place  after  the 
death  of  the  seller  or  donor,  to  or  for  the  support, 
use  or  benefit ;  and  also  every  devise  of  goods  or 
chattels,  to  or  for  the  support,  use  or  benefit  of  any 
minister,  public  teacher  or  preacher  of  the  Gospel,  as 
such,  or  any  religious  sect,  order  or  denomination, 
shall  be  void  ;  except  any  gift,  sale  or  devise  of  land 
to  a  church,  religious  society  or  congregation,  or  to 
any  person  or  persons  in  trust,  for  the  use  of  a  church, 
religious  society  or  congregation,  whether  incorpo- 
rated or  not,  for  the  u.ies  and  purposes,  and  within 
the  limitations  of  the  next  preceding  clause  of  this 
article.     Mo.,  347. 

—  No  money  sliall  be  appropriated  or  drawn  from 
the  treasury  for  the  benefit  of  any  religious  sect  or 
3 


society,  theological  or  religious  seminary,  nor  shall 
property  belonging  to  the  State  be  appropriated  for 
any  such  purpose.     Mich.,  304. 

— No  preference  shall  be  given  by  law  to  any  chris- 
tian sect  or  mode  of  worship.  Ct.,  107. 
— No  preference  shall  ever  be  given  by  law  to  Jiny 
religious  sect,  or  mode  of  worship.  Miss.,  334. 
— No  preference  shall  be  given  by  law  to  any  creed, 
religious  society,  or  mode  of  worship ;  no  man  shall 
be  compelled  to  attend,  erect  or  support  any  place  of 
worship,  or  to  maintain  any  ministry,  against  his 
consent.     Ind.,  170. 

— The  rights,  privileges,  immunities  and  estates  of 
religious  societies  and  corporate  bodies  shall  remain 
as  if  the  Constitution  of  tliis  State  had  not  been 
altered  or  amended.  Pa.,  46G;  Del,  125. 
— No  ordained  clergyman  or  ordained  preacher  of  the 
gospel,  of  any  denomination,  shall  be  capable  of  hold- 
ing any  civil  oflice  in  the  State,  or  of  being  a  member 
of  either  branch  of  the  Legislature  while  ho  continues 
in  the  exercise  of  the  pastoral  or  clerical  functions. 
Del,  125. 

— That  no  person  shall  be  compelled  to  erect,  support 
or  attend  any  place  of  worship,  or  maintain  any  min- 
ister of  the  Gospel  or  teacher  of  religion ;  but  what- 
ever contracts  any  person  may  enter  into  for  any  such 
object  ought,  in  law,  to  be  binding  and  capable  of 
enforcement,  as  other  contracts.  Mo.,  347. 
— No  money  shall  be  drawn  from  the  treasury  for  the 
benefit  of  any  religious  or  theological  institution. 
Ind.,  170;    Or.,  447. 

— The  Legislature  may  authorize  the  employment  of 
a  chaplain  for  the  State  prison ;  [Mich.,  303],  but  no 
money  shall  bo  appropriated  for  the  payment 
of  any  religious  service,  in  either  House  of  the  Leg- 
islative Assembly.      Or.,  447. 

— If  any  person  sliall  declare  that  he  has  conscientious 
scruples  against  taking  an  oath,  or  swearing  in  any 
form,  the  said  oath  may  be  changed  into  a  solemn 
affirmation,  and  be  made  by  him  in  that  form.  Mo., 
350. 

— The  mode  of  administering  any  oath  or  affirmation 
.shall  be  such  as  may  be  most  consistent  with,  and 
binding  upon  the  conscience  of  the  person  to  whom 
such  oath  or  afiirmation  may  be  administered.  Ind. 
170;    0;-.,  447. 

— That  the  manner  of  administering  an  oath  or 
affirmation  to  any  person  ought  to  be  such  as  those 
of  tlie  religious  persuasion,  profession  or  denomina- 
tion of  which  he  is  a  member,  generally  esteem  the 
most  elTectual  confirmation  by  the  attestation  of 
the  Divine  Being.     Md.,  256. 

— Tlie  manner  of  administering  an  oath  or  afTirma- 
tion  shall  be  such  as  is  most  consistent  with  the  con- 
science of  the  deponent,  and  shall  be  esteemed  by  the 
General  Assembly  the  most  solemn  appeal  to  God. 
Ay.,  220. 

— No  person,  while  he  continues  to  exercise  the 
functions  of  a  clergyman,  priest,  or  teacher  of  any 
religious  persuasion,  society  or  sect,  nor  wliile  he 
holds  or  exercises  any  office  of  profit  under  this  Com- 
monwealth, or  under  tlie  government  of  the  United 
States,  shall  be  eligible  to  the  General  Assembly, 
except  attorneys-at-law,  justices  of  the  peace,  and 
militia  officers :  Provided,  That  attorneys  for  the 
Commonwealth,  who  receive  a  fixed  annual  salary, 
shall  be  ineligible.     Ky.,  212. 

— No  person  shall  be  deprived  of  any  of  his  rights, 
privileges,  or  capacities,  or  disqualified  from  the  per- 
fc^-mance  of  any  of  his  public  or  private  duties,  or 
rendered  incompetent  to  give  evidence  in  any  court 
of  law  or  equity,  in  consequence  of  his  opinions  on 
the  subject  of  religion  ;  and  any  party  to  any  judicial 
proceeding  shall  have  the  right  to  use  as  a  witness, 
or  take  testimony  of,  any  other  person  not  disqualified 
on  account  of  interest,  wlio  may  be  cognizant  of  any 
fact  material  to  the  case ;  and  parties  to  suits  may  be 
witnesses,  as  provided  by  law.     Iowa,  183. 

— That,  as  it  is  the  duty  of  every  man  to  worship 
God  in  such  manner  as  he  'thinks  most  acceptable  to 
him,  all  persons  are  equally  entitled  to  protection  in 
their  rehgious  liberty ;  wherefore,  no  person  ought, 


10 


by  any  law,  to  be  molested  in  his  person  or  estate,  on 
account  of  his  religious  persuasion  or  profession,  or 
for  liis  religious  practice,  miless  under  the  color  of 
religion  any  man  shall  disturb  the  good  order,  peace, 
or  safety  of  the  State,  or  shall  infringe  the  laws  of 
morality,  or  injure  others  in  their  natural,  civil  or  reli- 
gious riglits ;  nor  ought  any  person  to  be  conipelied 
to  frequent  or  maintain,  or  contribute,  unless  on  con- 
tract to  maintain,  any  place  of  worship  or  any 
ministry ;  nor  shall  any  person  bo  deemed  incompe- 
tent as  a  witness  or  juror  who  believes  in  the 
existence  of  a  God,  and  that  under  his  dispensation 
such  person  will  be  held  morally  accountable  for  his 
acts,  and  be  rewarded  or  punished  tlierefor,  either  in 
this  world  or  the  world  to  come.  Md.,  255. 
— It  is  the  right  as  well  as  the  duty  of  all  men  in 
society,  publicly,  and  at  stated  seasons,  to  wor-ship 
the  Supreme  Being,  the  great  Creator  and  Preserver 
of  the  universe.  And  no  subject  shall  be  hurt, 
molested  or  restrair.ed,  in  his  person,  liberty,  or 
estate,  for  worshipping  God  in  the  manner  and  sea- 
son most  agreeable  to  the  dictates  of  his  own  con- 
science ;  or  ior  his  religious  profession  or  sentiments ; 
provided  he  doth  not  disturb  the  public  peace,  or 
obstruct  others  in  their  religious  worship.  jl/a.ss.,  280. 
— As  the  happiness  of  a  people,  and  the  good  order 
and  preservation  of  civil  Government,  essentially 
depend  upon  piety,  religion  and  morality ;  and  as 
tJiese  cannot  be  generally  diffused  through  a  commu- 
nity, but  by  the  institution  of  the  pubhc  worship  of 
God,  and  of  public  instructions  in  piety,  religion  and 
morality ;  Therefore,  To  promote  their  happiness, 
and  to  secure  the  good  order  and  preservation  of  thei» 
Government,  the  people  of  this  Commonwealth  have 
a  right  to  invest  their  Legislature  with  ]iower  to 
authorize  and  require,  and  the  Legislature  sliall,  from 
time  to  time,  authorize  and  require  the  several  towns, 
parishes,  precincts,  and  other  bodies  politic,  or  relig- 
ious societies,  to  make  suitable  provision,  at  their 
own  expense,  for  the  institution  of  the  public  worship 
of  God,  and  tor  the  support  and  maintenance  of  pub- 
lic protestant  teachers  of  piety,  i-eligion  and  morality, 
in  all  cases  where  such  provision  shall  not  be  made 
voluntarily.     Mast.,  280. 

— The  right  of  every  man  to  worship  Almighty  God 
according  to  the  dictates  of  his  own  conscience,  shall 
never  be  infringed,  tfor  shall  any  man  be  compelled 
to  attend,  erect,  or  support  any  place  of  worship,  or 
to  maintain  any  ministry,  against  his  consent.  Nor 
shall  any  control  of,  or  intc-rference  with  the  rights  of 
conscience  be  permitted,  or  any  preference  be  given 
by  law  to  any  religious  establishments,  or  modes  of 
worship.  Nor  shall  any  money  be  drawn  from  the 
treasury  for  the  benefit  of  religious  societies  or  relig- 
ious or  theological  seminaries.  Wis.,  5G0 ;  (nearly 
similar),  Min.,  320. 

— And  the  people  of  this  Commonwealth  have  also  a 
right  to,  and  do,  invest  their  Legislature  with  author- 
ity to  enjoin  upon  all  the  subjects  an  attendance  upon 
the  instructions  of  the  public  teachers  aforesaid,  at 
stated  times  and  .seasons,  if  there  be  any  on  whose 
instructions  they  can  conscientiously  and  conveniently 
attend.     Mass.,  280. 

Provided,  noticithstanding.  That  the  several  towns, 
parishes,  precinct.",  and  other  bodies  politic,  or  religi- 
ous societies,  shall  at  all  times  have  the  exclusive 
right  of  electing  their  public  teachers,  and  of  con- 
tracting with  them  for  their  support  and  maintenance. 
Mass.,  280. 

— And  all  moneys,  paid  by  the  subject,  to  the  suppo'rt 
of  public  worship,  and  of  the  public  teachers  afore- 
said shall,  if  he  require  it,  be  uniformly  applied  to  the 
support  of  the  public  teacher  or  teachers  of  his  own 
rehgious  sect  or  denomination,  provided  there  be  any 
on  whose  instructions  he  attends ;  otherwise  it  may 
be  paid  toward  the  support  of  the  teacher  or  teachers 
of  the  parish  or  precinct  in  which  the  said  moneys 
are  raised.     Mass.,  280. 

— And  every  denomination  of  Christians,  demeaning 
themselves  peaceably,  and  as  good  subjects  of  the 
Commonwealth,  shall  be  equally  under  the  protection 
of  the  law ;  and  no  subordination  of  any  one  sect  or 


denomination  to  another  shall  ever  be  established  by 
law.      Mass.,  280. 

— That  no  religious  corpoi'ation  can  be  established  in 
this  State ;  except  that  by  a  general  law,  uniform 
throtighout  the  State,  any  church,  or  religious  society, 
or  congregation,  may  become  a  body  corporate,  for 
the  sole  purpo.se  of  acquiring,  holding,  using,  and  dis- 
posing of  so  much  land  as  may  be  required  for  a 
house  of  public  wor.ship,  a  chapel,  a  parsonage,  and 
a  burial  ground,  and  managing  the  same,  and  con- 
tracting in  relation  to  such  land,  and  the  buildings 
thereon,  through  a  board  of  trustees,  selected  by 
themselves ;  but  the  quantity  of  land  to  be  held  by 
any  such  body  corporate,  in  connection  with  a  house 
of  worship  or  a  parsonage,  shall  not  exceed  five  acres 
in  the  country,  or  one  acre  in  a  town  or  city.  Mo.,  347. 
— There  shall  be  no  establishment  of  one  religious 
sect  in  preference  to  another ;  no  religious  test  shall 
be  required  as  a  qualification  for  any  oflioe  or  public 
trust;  and  no  person  shall  be  denied  the  enjoyment 
of  any  civil  right  merely  on  account  of  his  religious 
principles.     N.  J.,  412. 

— As  morality  and  piety,  rightly  grounded  on  evan- 
gelical principles,  will  give  the  best  and  greatest  secur- 
ity to  government,  and  will  lay  in  the  licarts  of  men 
the  strongest  obligations  to  due  subjection  ;  and  as 
a  knowledge  of  these  is  most  likely  to  be  propagated 
through  a  society  by  the  institution  of  the  public 
worship  of  the  Deity,  and  of  public  instruction  in 
morality  and  religion ;  therefore,  to  promote  those 
important  purposes,  the  people  of  this  State  have  a 
right  to  empower,  and  do  hereby  fully  empower  the 
Legislature  to  authorize,  from  time  to  time,  the  several 
towns,  parishes,  bodies  corporate,  or  religious  societies 
within  this  State,  to  make  adequate  provisions,  at 
their  own  expense,  for  the  support  and  maintenance 
of  public  Protestant  teachers  of  piety,  religion,  and 
morality.     N.  11,  399. 

— The  rights,  privileges,  immunities  and  estates  of 
both  civil  and  religious  societies  and  of  corporate 
bodies,  shall  remain  as  if  the  Constitution  of  this 
State  had  n"t  been  altered  or  amended.  »S'.  C,  488. 
— No  religious  test  or  amount  of  property  shall  ever 
be  required  as  a  qualification  for  any  office  of  public 
trust  under  the  State.  No  religious  test  or  amount 
of  property  shall  ever  be  required  as  a  qualification  of 
any  voter  at  any  election  in  this  State ;  nor  shall  any 
person  be  rendered  incompetent  to  give  evidence  in 
any  court  of  law  or  equity  in  consequence  of  his 
opinion  upon  the  subject  of  religion.  Minn.,  320. 
■ — That  all  men  have  a  natural  and  inahenable  right  to 
worship  Almighty  God  according  to  the  dictates  of 
their  own  con.sciences  and  understandings,  as  in  their 
opinion  shall  be  regulated  by  the  word  of  God  ;  and 
that  no  man  ought  to,  or  of  right  can  be  compelled 
to  attend  any  religious  worship,  or  erect  or  support 
any  place  of  worship,  or  maintain  any  ministry,  con- 
trary to  the  dictates  of  his  conscience ;  nor  can  any 
man  be  justly  deprived  or  abridged  of  any  civil  right 
as  a  citizen  on  account  of  his  religious  sentiments  or 
peculiar  mode  of  religious  worship ;  and  that  no 
authority  can,  or  ought  to  bo  vested  in  or  assumed 
by  any  power  whatever,  that  shall  in  any  case  inter- 
fere with  or  in  any  manner  control  the  rights  of 
conscience  in  the  free  exercise  of  religious  worship ; 
nevertheless,  every  sect  or  denomination  of  Christians 
ought  to  observe  tlie  Sabbath  or  Lord's  day,  and  keep 
up  some  sort  of  religious  worship  whicli  to  them  shall 
seem  most  agreeable  to  the  revealed  will  of  God. 
Vt.  521. 

—But  the  liberty  of  conscience  hereby  secured  shall 
not  be  so  construed  as  to  excuse  acts  of  licentiousness, 
nor  to  justify  practices  inconsistent  with  the  good 
order,  peace,  or  safety  of  the  State,  or  with  the  rigiits 
of  others,  i/o.  34G;  5.  C,  488. 
— Every  individual  has  a  natural  and  unalienable  right 
to  worship  God  according  to  the  dictates  of  his  own 
conscience  and  reason  ;  and  no  subject  shall  be  hurt, 
molested  or  restrained  in  his  person,  liberty  or  estate, 
for  worshipping  God  in  the  manner  and  season  most 
agreeable  to  the  dictates  of  his  own  conscience,  or  of 
his  religious  profession,    sentiments,  or  persuasion  : 


11 


1  ^i.  The  privileges  of  the  writ  of  Iwibeas  corpus  shall  not  be  suspended,  unless 

2  when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may  require  its  suspension('). 


Provided,  He  doth  not  disturb  the  public  peace,  or 
disturb  others  in  their  religious  worship.  -.V  //,  398. 
Provided  notwithstanding,  That  the  several  towns, 
parishes,  bodies  corporate,  or  religious  societies, 
shall  at  all  times  have  the  exclusive  right  of  electing 
their  own  public  teachers,  and  of  contracting  with 
them  for  their  support  and  maintenance.  And  no 
person,  or  any  one  particular  religious  sect  or  dcnom- 
mation  shall  ever  be  compelled  to  pay  toward  the  sup- 
port of  the  teacher  or  teachers  of  another  persuasion, 
sect  or  denomination.  N.  II.,  399. 
— And  every  denomination  of  Christians  demeaning 
themselves  quietly,  and  as  good  subjects  ol  the  State, 
shall  be  equally  under  the  protection  of  the  law  ;  and 
no  subordination  of  any  one  sect  or  denomination  to 
another  shall  ever  be  established  by  law. 
— And  nothing  herein  shall  be  understood  to  affect 
any  former  contracts  made  for  the  support  of  the 
ministry  ;  but  all  such  contracts  shall  remain  and  be 
in  the  same  state  as  if  this  Constitution  had  not  been 
made.     N.  IL,  399. 

— No  person  shall  be  deprived  of  the  inestimable 
privilege  of  worshipping  Almighty  God  in  a  manner 
agreeable  to  the  dictates  of  his  own  conscience ;  nor 
under  any  pretense  whatever  be  compelled  to  attend 
any  place  of  worship  contrary  to  his  faith  and  judg- 
ment; nor  shall  any  person  be  obliged  to  pay  tithes, 
taxes,  or  other  rates  for  building  or  repairing  any 
church  or  churches,  place  or  places  of  worship,  or 
for  the  maintenance  of  any  minister  or  ministry, 
contrary  to  what  he  believes  to  be  right,  or  has 
deliberately  and  voluntarily  engaged  to  perform. 
N.  J.,  412. 

— Whereas,  Almighty  God  hath  created  the  mind 
free,  and  all  attempts  to  influence  it  by  temporal 
punishment;  or  burdens,  or  by  civil  incapacitations, 
tend  to  beget  habits  of  hypocrisy  and  meanness; 
and,  whereas,  a  principal  object  of  our  venerated 
ancestors  in  their  migration  to  this  country  and  their 
settlement  of  this  State,  was,  as  they  expressed  it,  to 
hold  forth  a  lively  experiment  that  a  flourishing 
civil  State  may  stand  and  be  best  maintained  with 
full  liberty  in  religious  concernments ;  we,  therefore 
declare  that  no  man  shall  be  compelled  to  frequent  or 
to  support  any  religious  worship,  place  or  ministry 
whatever,  except  in  fulfillment  of  his  own  voluntary 
contract;  nor  enforced,  restrained,  molested  or  bur- 
dened in  his  body  or  goods;  nor  disqualified  from 
holding  any  of&ce ;  nor  otherwise  suffer  on  account 
of  his  religious  belief;  and  that  every  man  shall  be 
free  to  worship  God  according  to  the  dictates  of  his 
own  conscience,  and  to  profess,  and  by  argument  to 
maintain,  his  opinion  in  matters  of  religion  ;  and  that 
the  same  shall  in  no  wise  diminish,  enlarge,  or  affect 
his  civil  capacity.     R.  I.,  473. 

— In  order  effectually  to  secure  the  religious  and 
political  freedom  established  by  our  venerated  ances- 
tors, and  to  preserve  the  same  for  our  posterity,  we 
do  declare  that  the  essential  and  unquestionable 
rights  and  principles  hereinafter  mentioned  shall  be 
establislied,  maintained,  and  preserved,  and  shall 
be  of  paramount  obligation  in  all  legislative,  judicial, 
and  executive  proceedings.  R.  I.,  472. 
— No  charter  of  incorporation  shall  be  granted  to  any 
church  or  religious  denomination.  Provision  may  be 
made  by  general  laws  for  securing  the  title  to  church 
property,  so  that  it  shall  be  held  and  used  for  the 
purpose  intended.  11'.  Va.,  557. 
— -The  General  Assembly  shall  not  grant  a  charter  of 
incorporation  to  any  church  or  religious  denomina- 
tion, but  may  secure  the  title  to  church  property  to 
an  extent  to  be  limited  by  law.  Va.,  518. 
— No  person  shall  be  rendered  incompetent  as  a 
witness  or  juror  in  consequence  of  his  opinions  on 
matters  of  religion,  nor  be  questioned  in  any  court 
of  justice  touching  his  religious  belief  to  affect  the 
weight  of  his  testimony.     Or.,  447. 


— No  person  shall  be  rendered  incompetent  to  give 
evidence  in  any  court  of  law  or  equity  in  conse- 
quence of  his  opinions  on  the  subject  of  religion. 
Wis.,  500. 


(1).  U.  S.,  13;  a:  Y.,  (1821)42;  Ala.  73;  Ark., 
84  ;  Cal,  96 ;  Del,  117;  Oa.,  142  ;  PI,  1G6 ;  Ind.,  171 ; 
Kan.,  197 ;  La.,  233  ;  Mich.,  304 ;  Pa.,  4G8 ;  Mo.,  347  ; 
Nev..  379;  A: /.,  412 ;  OWo,  432  ;  Or.,  448;  S.  C, 
487;  re«».,  491;  Tfa;.,  508  ;  W.  Fa.,  540;  Mss.,  335. 


WRIT  OF  HABEAS  CORPUS  — EX  POST 
FACTO  LAWS— EXEMPTION  FROM  SEIZ- 
URES AND   SEARCHES. 

— The  writ  of  habeas  corpus  shall  in  no  case  be  sus- 
pended. It  shall  be  a  writ,  issuable  of  right ;  and 
the  General  Assembly  shall  make  provision  to  render 
it  a  speedy  and  effectual  remedy  in  all  cases  proper 
therefor.      Vt.,  529, 

— Retrospective  laws  are  highly  injurious,  oppressive 
and  unjust.  No  such  laws,  therefore,  should  be  made, 
either  for  the  decision  of  civil  causes  or  the  punish- 
ment of  offenses.     N.  II.,  400. 

The  writ  of  habeas  corpus  shall  not  be  suspended 
,or  refused  when  apjjlication  is  made  as  required  by 
law,  unless  in  case  of  rebellion  or  invasion,  the  pub- 
lic safety  may  require  it.  Iowa,  184. 
■ — The  privilege  and  benefit  of  the  writ  of  habeas 
corpus  shall  be  enjoyed  in  this  Commonwealth,  in 
the  most  free,  easy,  cheap,  expeditious  and  ample 
manner ;  and  shall  not  be  suspended  by  the  Legisla- 
ture, except  upon  the  most  urgent  and  pressing 
occasions,  and  for  a  limited  time,  not  exceeding 
twelve  months.  Mass.,  293  ;  y.  II.,  410. 
— No  bill  of  attainder  or  ex  post  facto  law  shall  be 
passed.  U.  S.,  13;  Ark..  84;  CW.,  97 ;  Iowa,  184; 
Me.,  240;  Min.,  320;  Neb.,  371;  Xev.,  380;  Miss., 
335  ;  Va.,  537,  nor  vested  rights  be  divested,  unless 
for  purposes  of  public  utiHty,  and  for  adequate 
compensation  previously  made.      La.,  234. 

That  no  CJ;  pos(  facto  law,  or  law  impairing  the 
obligations  of  contracts  shall  ever  be  made.  Ala., 
73  ;  Ark,  84  ;  Cal,  97  ;  Ft.,  129 ;  III,  160  ;  Ind.,  171 ; 
Iowa,  184;  A'y.,  224  ;  La.,  233  ;  Me.,  240;  Va.,  537  ;  R. 
I,  473  ;  Tenn.,  491  ;  Mich.,  304  ;  Pa.,  408  ;  Miss.,  335; 
Mo.,  348;  Nev.,  380;  Tex.,  506;  Or.,  448;  TV.  Va., 
547  ;    TI 'is.,  560. 

— That  retrospective  laws  punishing  acts  committed 
before  the  existence  of  such  laws,  and  by  them  only 
declared  penal  or  criminal,  are  oppressive,  unjust  and 
incompatible  with  liberty;  wherefore  no  ra  post  facto 
law  shall  ever  be  made.  F7.,  129 ;  X  C,  422  ;  Md., 
254;   Tenn.,  497. 

— Ex  post  facto  laws,  laws  impairing  the  obligation 
of  contracts,  and  retroactive  laws  injuriously  affecting 
any  right  oi^  the  citizen,  are  prohibited.  Ga.,  142. 
— Laws  made  to  punish  for  actions  done  before  the 
existence  of  such  laws,  and  which  have  not  been 
declared  crimes  by  preceding  laws,  are  unjust,  oppres- 
sive and  inconsistent  with  the  fundamental  principles 
of  a  free  government.  Mass.,  282. 
■•—Writs  of  error  shall  never  be  prohibited  by  law. 
Wis.,  561. 

— The  writ  of  error  shall  be  a  writ  of  right  in  all 
capital  cases,  and  shall  operate  as  a  supersedeas  to 
stay  the  execution  of  the  sentence  of  death  until  the 
further  order  of  the  Supreme  Court  in  tlie  premises. 
Xeb.,  371. 

— The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers  and  effects,  against  unreasonable 
seizures  and  searches,  shall  not  be  violated ;  and  no 
warrant  shall  issue  but  on  probable  cause,  supported 
by  oath  or  afiirmation,  particularly  describing  the 
place  to  be  searched,  and  the  persons  and  things  to 


19 


be  seized.  Cal.,  97 ;  Ga.,  143  ;  Ind.,  170 ;  Iowa,  183  ; 
Kan.,  197;  La.,  233;  ^/ss.,  319;  Neb.,  371;  iVeu., 
380;  a:  J.,  412;  OAio,  433;  Or.,  447;  iJ. /,  473; 
W.    To.,  547  ;    Wis.,  5G0. 

Every  subject  has  a  right  to  be  secure  from  all 
unreasonable  searches  and  seizures  of  his  person,  his 
houses,  his  papers,  and  all  his  possessions.  All  war- 
rants, therefore,  are  contrary  to  this  right,  if  the  cause 
or  foundation  of  them  be  not  previously  supported 
by  oath  or  affirmation,  and  if  the  order  in  the  warrant 
to  a  civil  officer,  to  make  search  in  suspected  places, 
or  to  arrest  one  or  more  suspected  persons,  or  to  seize 
their  property,  be  not  accompanied  with  a  special 
designation  of  the  persons  or  objects  of  search,  arrest 
or  seizure ;  and  no  warrant  ought  to  be  issued  but  in 
cases,  and  with  the  formalities  prescribed  by  the  laws. 
Mass.,  281. 

— No  person  'shall  be  accused,  arrested  or  detained, 
except  in  cases  ascertained  by  law,  and  according  to 
the  form  which  the  same  has  prescribed ;  and  no  per- 
son shall  be  punished  but  in  virtue  of  a  law  estab- 
lished and  promulgated  prior  to  the  offi^nse,  and 
legally  applied.     Miss.,  335. 

— That  the  people  shall  be  .secure  in  their  persons, 
houses,  papers  and  possessions,  from  unreasonable 
seizures  or  searches  ;  and  that  no  warrant  shall  issue 
to  search  any  place,  or  to  seize  any  person  or  thing, 
without  describing  them  as  nearly  as  may  be,  nor 
■without  probable  cause,  supported  by  oath  or  affirma- 
tion. Ala.,  72;  Ark.,%i;  Ct,  107;  Del,  116;  Fl., 
129;  in,  165;  Me.,  239;  Min.,  335;  Mo.,  347;  Pa., 
467 ;   Tex.,  506. 

—  That  all  warrants,  without  oath  or  affirmation,  to 
search  suspected  places,  or  to  seize  any  person  or 
property,  are  grievous  and  oppressive ;  and  all  gen- 
eral warrants  to  search  suspected  places,  or  to  appre- 
hend suspected  persons,  without  naming  or  describing 
the  place,  or  the  person  in  special,  are  illegal,  and 
ought  not  to  be  granted.  Md ,  255 ;  and  that  gen- 
eral warrants,  whereby  any  officer  may  be  commanded 
to  search  suspected  places  without  evidence  of  the 
fact  committed,  or  to  seize  any  person  or  persons  not 
named,  whose  ofTenses  are  not  particularly  described 
and  supported  by  evidence,  are  dangerous  to  liberty, 
and  shall  not  be  granted.  Ark.,  84  ;  lU.,  165  ;  (nearly 
similar),  K  C,  422;  Va.,  532;  R,  522;  Term., 
490. 

Every  subject  has  a  right  to  be  secure  from  all 
unreasonable  searches  and  seizures  of  his  person,  his 
houses,  his  papers,  and  all  his  possessions  ;  There/ore, 
All  warrants  to  search  suspected  places,  or  arrest  a 
person  for  examination  or  trial,  in  prosecutions  for 
criminal  matters,  are  contrary  to  this  right,  if  the 
cause  or  foundation  of  them  be  not  previously  sup- 
ported by  oath  or  affirmation ;  and  if  the  order  in  a 
warrant  to  a  civil  officer,  to  make  search  in  sus- 
pected places,  or  to  arrest  one  or  more  suspected  per- 
sons, or  to  seize  their  property,  be  not  accompanied 
with  a  special  designation  of  the  persons  or  object  of 
search,  arrest  or  seizure,  and  no  warrant  ought  to  be 
issued  but  in  cases  and  with  the  formalities  prescribed 
by  law.     K  H.,  400. 


MILITARY  RIGHTS  AND  RESTRICTIONS. 

— The  military  shall  in  all  cases  and  at  all  times  be 
kept  in  strict  subordination  to  the  civil  power.  Ark., 
85;  Cal,d6;  Ct.,  108;  Del.,!!!  ;  Fl.,  180;  III,  1G6; 
Ind.,  171 ;  Iowa,  184;  Ky.,  224 ;  Md.,  255  ;  Neb.,  371 ; 
N.  C,  422 ;  Miss.,  335 ;  Or.,  448 ;  Pa.,  468 ;  W.  Va., 
547;  Mich.,  314;  Min.,  220;  NX,  412;  R.  I,  474; 
Nev.,  380;  N.  JJ,  400;  S.  C,  487 ;  Tex.,  500;  WU., 
561 ;    Vt.,  522. 

— The  law  martial  shall  be  used  and  exercised  in  such 
oases  only  as  occasion  shall  necessarily  require.  R. 
I.,  474. 

— That  every  citizen   has  a  right  to  bear  arms  in 
defense  of  himself  and  the  State.     Ala.,  74. 
— Every  citizen  has  a  right  to  keep  and  bear  arms 
for  the  common  defense ;  and  this  right  shall  never 
be  questioned.     Me.,  240 ;  Pa.,  468. 


— That  no  standing  army  shall  be  kept  up,  without 

the  consent  of  the  General  Assembly ;  and  in  that 
case  no  appropriation  for  its  support  shall  be  for  a 
longer  term  than  one  year ;  and  that  the  military 
shall,  in  all  cases  and  at  all  times,  be  in  strict  subordi- 
nation to  the  civil  power.  Ala.,  74. 
— That  the  rights  of  the  citizens  to  bear  arms  in 
defense  of  themselves  and  the  State  shall  not  be 
questioned;  but  the  General  Assembly  may  pass 
laws  to  prevent  persons  from  carrying  concealed 
arms.     Ky.,  224. 

— The  people  have  a  right  to  keep  and  to  bear  arms 
for  the  common  defense.  And  as,  in  time  of  peace, 
armies  are  dangerous  to  liberty,  they  ought  not  to  be 
maintained  without  the  consent  of  the  Legislature ; 
and  the  military  power  shall  always  be  held  in  an 
exact  subordination  to  the  civil  authority,  and  be 
governed  by  it.     Mass.,  281. 

— The  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed.     R.  I,  474. 

— That  the  free  white  men  of  this  State  shall  have  a 
right  to  keep  and  to  bear  arms  for  their  common 
defense,  ^rfe,  85;  J/o.,  346;  Tenn.,  492. 
— The  people  shall  have  a  right  to  bear  arms  for  the 
defense  of  themselves  and  the  State.  Cl.,  108  ;  Ind., 
171;  (of  lawful  authority  of  the  State),  Mo.,  346; 
Miss.,  335  ;  Mich.,  314;  N.  C,  422  ;  Tex.,  506  ;  Vt,  522. 
— The  people  have  the  right  to  bear  arms  for  their 
defon.se  and  security  ;  but  standing  armies,  in  time  of 
peace,  are  dangerous  to  liberty,  and  shall  not  be  tol- 
erated, and  the  mihtary  shall  be  in  strict  subordina- 
tion to  the  civil  power.  Kan.,  197;  N  C,  422; 
Or.,  448;    Ohio,  432. 

That  no  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war.  but  in  a  manner  prescribed  by 
law.  U.S.,  18;  Ala.,  74;  Ark.,  85;  Cal,  96;  Ct., 
108;  Dd.,  117;  Fl,  130;  lU.,  166;  Ind.,  171  ;  Iowa, 
184 ;  Kan.  197  ;  Ky.,  224 ;  Me.,  240 ;  Md.,  255  ;  Mass., 
282;  Mich.,  314;  Miss.,  335;  Nev.,  380;  N.  II.,  400; 
N  J.,  412;  Ohio,  433;  Or.,  448;  Pa.,  465;  R.  /., 
474 ;  Tenn.  492  ;  Tex.,  517.  [By  a  civil  magistrate]. 
Del.  117;  iV:  //.,  399. 

— That  no  citizen  of  this  State  shall  be  compelled  to 
bear  arms,  provided  he  will  pay  an  equivalent,  to  be 
ascertained  by  law.  Tenn.,  492. 
• — That  the  military  is,  and  in  all  cases  and  at  all 
times,  ought  to  be,  in  strict  subordination  to  the 
civil  power;  that  no  soldier  can,  in  time  of  peace,  be 
quartered  in  any  house  witliout  the  consent  of  the 
owner;  nor  in  time  of  war,  but  in  such  manner  as 
may  be  prescribed  by  law ;  nor  can  any  appropria- 
tion for  the  support  of  an  army  bo  made  for  a  longer 
period  than  two  years.  Mo.,  348. 
— No  standing  army  shall  be  kept  up  by  this  State 
in  time  of  peace.  Cal,  96;  Del,  111;  Fl,  130; 
Iowa,  184;  Kij.,  224;  Me.,  240. 

—That  standing  armies  are  dangerous  to  liberty,  and 
ought  not  to  be  raised  or  kept  up  without  the  con.sent 
of  the  Legislature.  Md.,  255  ;  N  II.,  400 ;  Pa.,  468 ; 
J/iis.,  335;  Fa.,  533  ;  A^eri.,  380;  17.,  522. 
— A  well-regulated  militia,  being  necessary  to  the 
security  of  a  free  State,  the  right  of  the  people  to 
keep  and  bear  arm.s.  shall  not  be  infringed.  Qa ,  142  ; 
Va.,  532. 

— That  a  well-regulated  militia  is  the  proper  and 
natural  defense  of  a  free  government.  Md.,  255 ;  N. 
H.,  400. 

— That  the  sure  and  certain  defense  of  a  free  people 
is  a  well-regulated  militia;  and,  as  standing  armies 
in  time  of  peace  are  dangerous  to  freedom,  they 
ought  to  be  avoided,  and  as  the  circumstances  and 
safety  of  the  community  will  admit ;  and  that  in  all 
cases  the  military  shall  be  kept  in  strict  subordina- 
tion to  the  civil  authority.     Tenn.,  491. 


SLAVERY— RIGHTS  OF  COLORED  PERSONS. 

— Neither  .slavery  nor  involuntary  servitude,  unless 
for  the  punishment  of  crime,  whereof  the  party  shall 
have   been    duly  convicted,   shall   exist   within   the 


13 


United  States,  or  any  place  subject  to  their  jurisdic- 
tion. U.  S.,  20 ;  [similar  provision,  with  preambles 
and  provisos,  in  some].  Ala.,  74  ;  III. ;  Cal.  97  ;  FL, 
140;  Ga.,  143  ;  III,  IGG;  Ind,,  171  ;  loioa,  184;  Kan., 
197  ;  La.,  225  ;  Mich.,  314  ;  Md.,  2,55;  Miss.,  343  ;  Mo., 
3G4;  A':  C,  431;  Ohio,  413;  J/o..  34G ;  Wis.,  559; 
iVei.,  370;  A'ey.,  380;  Tex.,  518;  Fa.,  357;  It.  I., 
473;  r«ra.,  503;  J/m.,  319;  Oc,  459. 
— The  Legislature  shall  make  no  law  recognizing  the 
right  of  property  in  man.  La.,  225. 
— No  indenture  of  any  negro  or  mulatto,  made  and 
executed  out  of  the  bounds  of  the  State,  shall  be 
valid  within  the  State.     Iml,  171. 

[A  Constitutional  guaranty  of  right  of  property  in 
the  slave  and  its  increase,  and  prohibition  against 
their  emancipation.]     Ky.,  221. 

— That  no  person  can,  on  account  of  color,  be  dis- 
qualified as  a  witness;  or  be  disabled  to  contract, 
otherwise  than  as  others  are  disabled ;  or  be  pre- 
vented from  acquiring,  holding  and  transmitting 
property;  or  be  liable  to  any  other  punishment  for 
any  offense,  than  that  imposed  upon  others  for  a  like 
offense ;  or  be  restricted  in  the  exercise  of  religious 
worship ;  or  be  hindered  in  acquiring  education ;  or 
be  subjected,  in  law,  to  any  other  restraints  or  dis- 
qualifications, in  regard  to  any  personal  rights,  than 
such  as  are  laid  upon  others  under  like  circum- 
stances.    Mo.,  34G. 

— All  contracts  made  with  any  negro  or  mulatto 
coming  into  the  State,  contrary  to  the  provision  of 
the  foregoing  section,  shall  be  void ;  and  any  person 
who  shall  employ  such  negro  or  mulatto,  or  otherwise 
encourage  him  to  remain  in  the  State,  shall  be  fined 
in  any  sum  not  less  than  ten  dollars  nor  more  than 
five  hundred  dollars.     'Ind.,  180. 

— Nor  shall  any  male  person  arrived  at  the  age  of 
twenty-one  years,  nor  female  arrived  at  the  age 
of  eighteen  years,  be  held  to  serve  any  person  as  a 
servant,  under  any  indenture  or  contract  hereafter 
made,  unless  sucli  person  shall  enter  into  such  inden- 
ture or  contract  while  in  a  state  of  perfect  freedom, 
and  on  condition  of  a  bona  fide  consideration 
received  or  to  be  received  for  their  services.  Ark.,  88. 
— Nor  shall  any  indenture  of  any  negro  or  mulatto 
hereafter  made  and  executed  out  of  this  State,  or  if 
made  in  this  State,  where  the  term  of  service  exceeds 
one  year,  be  of  the  least  validity,  e.xeept  those  given 
in  the  case  of  apprenticeship,  which  shall  not  be  for 
a  longer  term  than  until  the  apprentice  shall  arrive  at 
the  age  of  twenty-one  years,  if  a  male,  or  the  age  of 
eighteen  years,  if  a  female.  Ark,  88. 
— The  marriage  relation  between  white  persons  and 
persons  of  African  descent  is  forever  prohibited,  and 
such  marriage  shall  be  null  and  void ;  and  it  shall  bo 
the  duty  of  the  General  Assembly  to  enact  laws  for 
the  punishment  of  any  officer  who  shall  knowingly 
issue  a  license  for  the  celebration  of  such  marriage,  or 
any  officer  or  minister  of  tiie  gospel  who  shall  marry 
such  persons  together.  Oa.,  150. 
— It  shall  be  the  duty  of  the  General  Assembly,  at 
its  next  session,  and  from  time  to  time  thereafter,  to 
enact  such  laws  as  will  protect  the  freedmen  of  this 
State  in  the  fuU  enjoyment  of  all  their  rights  of  per- 
son and  property,  and  guard  them  against  any  evils 
that  may  arise  from  tlieir  sudden  emancipation. 
Ala.,  78. 

— Be  it  ordained,  that  on  and  after  the  ratification- of 
the  Constitution,  no  person,  save  under  the  military 
arm  of  the  Federal  government,  sliall  be  permitted 
to  bring  within  the  limits  of  this  State  any  indentured 
or  freed  negro  or  mulatto ;  nor  shall  any  negro  or 
mulatto  not  now  in  the  State  lie  ever  permitted  to  reside 
within  its  limits,  save  by  authority  of  the  government 
of  the  United  States,  or  under  some  proclamation  of 
the  President.     Ark.,  95. 

— Afi-icans  and  their  descendants  shall  be  protected 
in  their  rights  of  person  and  property  by  appropriate 
li!gislation ;  they  shall  have  the  right  to  contract  and 
be  contracted  with  ;  to  sue  and  be  sued;  to  acquire, 
hold  and  transmit  property  ;  and  all  criminal  prose- 
cutions against  them  shall  be  conducted  in  the  same 
manner  as  prosecutions  for  like  ofienses  against  the 


white  race,  and  they  shall  be  subject  to  like  penalties. 
Tex.,  518. 

—  Africans  and  their  descendants  shall  not  be  pro- 
hibited, on  account  of  their  color  or  race,  from  testi- 
fying orally,  as  witnesses,  in  any  case,  civil  or 
criminal,  involving  the  right  of  injury  to,  or  crime 
against  any  of  them,  in  person  or  property,  under 
the  same  rules  of  evidence  that  may  be  applicable  to 
the  white  race ;  the  credibility  of  their  testimony 
to  be  determined  by  the  court  or  jury  hearing  the 
same ;  and  the  Legislature  shall  have  power  to 
authorize  them  to  testify  as  witnesses  in  all  other 
cases,  under  such  regulations  as  may  bo  prescribed, 
as  to  facts  hereafter  occurring.  Tex.,  518. 
— Any  person  who  shall,  after  this  Constitution  shall 
have  gone  into  effect,  detain  in  slavery  any  person 
emancipated  by  the  provisions  of  this  Constitution, 
shall,  on  conviction,  be  fined  not  less  than  five  hundred 
dollars  nor  more  than  five  thousand  dollars,  or  be 
imprisoned  not  more  than  five  years ;  and  any  of  the 
judges  of  this  State  shall  discharge,  on  habtas  corpus, 
any  person  so  detained  in  slavery.  Md.,  266. 
— The  General  Assembly  shall  pass  no  law,  nor  make 
any  appropriation  to  compensate  the  masters  or 
claimants  of  slaves  emancipated  from  servitude  by 
the  adoption  of  this  Constitution.  Md.,  264. 
— The  General  Assembly  shall  have  no  power  to 
make  compensation  for  emancipated  slaves.  Mo.,  354. 
— The  General  Assembly  shall,  at  the  first  session 
under  the  amended  Constitution,  pass  such  laws  as 
will  effectually  prohibit  free  persons  of  color  from 
immigrating  to  and  settling  in  this  State;  and  effect- 
ually prevent  the  owners  of  slaves  from  bringing 
them  into  this  State  for  the  purpose  of  setting  them 
free.     Ill,  169. 

— No  negro  or  mulatto  shall  come  into  or  settle  in 
the  State  after  the  adoption  of  this  Constitution. 
Ind.,  180. 

— All  fines  which  may  be  collected  for  a  violation  of 
the  provisions  of  this  article,  or  any  law  which  may 
hereafter  be  passed  for  the  purpose  of  carrying  the 
same  into  execution,  shall  be  set  apart  and  appropri- 
ated for  the  colonization  of  sucli  negroes  and  mulattoes 
and  their  descendants,  as  may  be  in  the  State  at  the 
adoption  of  this  Constitution,  and  may  be  willing 
to  emigrate.     Ind.,  180. 

— All  the  inhabitants  of  the  State,  without  distinc-   . 
tion  of  color,  are  free,  and  shall  enjoy  the  rights  of 
person  and  property,   without  distinction  of  color. 
FL,  140. 

— Persons  emancipated  by  ordinance  can  not  be 
apprenticed  except  in  pursuance  of  laws.  Mo.,  362. 
— Courts  of  competent  jurisdiction  may  apprentice 
minors  of  African  descent  on  like  conditions  provided 
by  law  /or  apprenticing  white  children.  Fa.,  537. 
— Nothing  in  this  Constitution  shall  prevent  the 
General  Assembly  from  passing  such  laws  in  relation 
to  the  apprenticeship  of  minors,  during  their  minority, 
as  may  be  necessary  and  proper.     III.,  1G9. 

TREASON.  —ATTAINDER.  —  BANISHMENT.— 
CONFISCATION  OF  ESTATES. 

— Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  adhering  to  its  enemies,  or  giving 
them  aid  and  comfort.  [Mo.,  34S.]  No  person  shall 
be  convicted  of  treason  unless  on  the  evidence  of  two 
witnesses  to  the  same  overt  act,  or  confession  in  open 
court.  U.  S.,  16;  Ala.,  73;  Ark.,  93;  Cal,  97;  Ct, 
113  ;  Del,  121 ;  FL,  140  ;  Ind.,  171 ;  Iowa,  184  ;  Kan., 
197;  K/.,  219;  Im.,  233;  Me.,  240;  Mich.,  307;  Mm., 
342;  M«.n.,  319;  Neb.,  374;  A''ei;.,  380 ;  N.  J.,  412; 
Or.,  448;  fex,  515  ;  W.  Fo,,  547  ;  Ws.,  560. 
— Treason  shall  be  puni.shed,  according  to  the  charac- 
ter of  the  acts  committed,  by  the  infliction  of  one  or 
more  of  the  penalties  of  death,  imprisonment,  fine, 
or  confiscation  of  the  real  and  personal  property  of 
the  offender,  as  may  be  prescribed  by  law.  W. 
Va.,  547. 

— No  person  shall  be  attainted  of  treason  or  felony 
by  the  Legislature.  CL,  108;  Ky.,  224;  Masf.,  282; 
Mo.,  348;  Pa.,  465;    VL,  525. 


It 


1  §  5.  Excessive  bail  shall  not  be  required  nor  excessive  fines  imposed('),  nor 

2  shall  cruel  and  unusual  ijunishments  be  inflicted  ('),  nor  shall  witnesses  be 


3  unreasonably  detained^). 

— No  conviction  can  work  corruption  of  blood ;  that 
there  can  bo  no  forfeiture  of  estate  for  any  crime, 
except  treason ;  and  tliat  the  estates  of  sucli  persons 
as  may  destroy  their  own  lives  shall  descend  or  vest, 
as  in  eases  of  natural  death.     Mo., 'US;   Tenn.,  491. 
— Tliat  no  attainder  .<hall  work  corruption  of  blood; 
nor,  except  during  the  life  of  the  offender,  forfeiture 
of  estate  to  the  Conunonwcalth ;  that  the  estates  of 
such  persons  as  shall  destroy  their  own  lives,  shall 
descend  or  vest  as  in  case  of  natural  death ;  and  if 
any  person  sliall  be  killed  by  casualty,  there  shall  be 
no  forfeiture  by  reason  tliereof.     Pa.,  468. 
— That  the  estates  of  suicides  shall  descend  or  vest  as 
in  cases  of  natural  deatli ;  and  if  any  person  shall  be 
killed  by  casualty,   there  sliall  be  no  forfeiture  by 
reason  thereof     Miss.,  335  ;   Tenn.,  491. 
— No  person  shall  be  attainted  of  treason  or  felony 
by  the  Legislature.      Ct.,  108  ;  Mass.,  282. 
— That  no  person  shall  be  liable  to  be  transported  out 
of  this  State  for  any  offense  committed  within  the 
same.     /«.,  IGO;  A«h.,  197  ;    17.,  522  ;    Ohio,  423. 
—No   person  sliall  be  trans])ortcd  out  of  the  State 
for  any  offense  committed  within  the  same  ;  and  no 
conviction  shall  work  corruption  of  blood,  or  forfeit- 
ure of  estate.     Ohio,  433. 

^Tliat  no  conviction  shall  work  corruption  of  blood, 
nor  shall  there  be  any  forfeiture  of  the  estate  of  any 
person  for  any  crime,  except  treason,  and  then  only 
on  conviction.     Md.,  255. 

— That  no  conviction  shall  work  corruption  of  blood 
or  forfeiture  of  estate,  under  any  law  of  this  State. 
Ala.,  73;  Ark,  84;  Fi,  129;  Ga ,  142;  III,  16G ; 
l»d.,  171;  Kan.,  197;  Ky ,  224;  Me.,  270;  Mo.,  348; 
Or.,  448;  Tenn.,  419. 

— That  no  law  to  attaint  particular  persons  of  treason 
or  felony  ought  to  be  made  in  any  case,  or  at  any 
time  hereafter.     Md.,  254. 

— The  Legislature  shall  have  power  to  declare  the 
punishment  of  treason;  but  no  attainder  of  treason 
shall  work  corruption  of  blood  or  forfeiture,  except 
during  the  life  of  the  person  attainted.     La.,  233. 

(1).  Ala.,  73;  Ark.,  84;  Ct,  108;  Ft.,  129; 
Ind.,  255  ;  Ma.is.,  282. 

(2).  Co/.,9C;i>f?.,217;  Ca.,  142;/oira,  184;  Aan., 
197  ;  Me..  240;  Nev.,  379;  Neb.,  370. 

(3).  Fl,  129;  Ind.,  170;  La.,  233;  Miss.,  337; 
Mill.,  317;  Mo.,  347;  K  C,  422;  N.J.,  412;  Wis., 
660;  Va.,  532;  S.  C,  488;  K  H.,  400;  Pa.,  468; 
R.  I.,  473;  Tenn.,  491;  Or.,  448;  Ohio,  432;  Tex., 
606 ;    TT.  Va.,  547. 

EXCESSIVE    BAIL.— PUNISHMENT    FOR 
CRIMES. 
— That  all  prisoners  shall   be  bailable   by. sufficient 
securities,  unless  in  capital  oflenses,  where  the  proof 
is  evident  or  the  presumption  great.     Ah..,  73  ;  Arh., 
84;   Cal,  96;    lU.,  166;  Iowa.  184;  Kan.,  197;  Ky., 
11\;  Mich.,  307;    Ohio,  432;  Pa.,  4G8. 
— That  all  penalties  shall  be  reasonable,  and  propor- 
tioned to  the  nature  of  the  offense.     Ark.,  84  ;  Ind  -- 
170;  Hi.,  166;  ia.,  233  ;  J/c,  240 ;    W.  Fa.,  547. 
— The  true  design  of  all  punishment  being  to  reform, 
not  to  exterminate  mankind.     ///.,  166. 
— The  penal  code  shall  be  founded  on  the  principles 
of  Reformation,  and  not  of  vindictive  justice.     Ind., 
170;   Or.,  448. 

— And  all  prisoners,  unless  in  execution,  or  com- 
mitted for  capital  offenses,  when  the  proof  is  evident 
or  presumption  great,  shall  be  bailable,  by  sufficient 
sureties ;  nor  shall  excessive  bail  be  exacted  for  bail- 
able offenses. 

— Sanguinary  laws  shall  not  be  passed.     Me.,  240. 
— That  sanguinary  laws  ought  to  be  avoided  as  far  as 
it  is  consistent  with  the  safety  of  the  State;  and  no 


law  to  inflict  cruel  and  unusual  pains  and  penalties 
ought  to  be  made  in  any  case,  or  at  any  time  here- 
after.    Md,,  254. 

— All  courts  shall  be  open,  and  every  man  for  an 
injury  done  him  in  his  reputation,  person,  movable  or 
immovable  possessions,  shall  have  remedy  by  the  due 
course  of  law  [Tenn,,  506],  and  justice  administered 
according  to  the  very  right  of  the  cause  and  the  law 
of  the  land,  witliout  sale,  denial,  or  unrea.sonable 
delay  or  expense  ;  and  every  action  shall  be  tried  in 
tlie  county  in  which  it  shall  be  commenced,  unless 
when  the  judges  of  the  court  in  wliich  the  cause  is  to 
be  tried,  shall  determine  tliat  an  impartial  trial  there- 
for cannot  be  had  in  that  county.  Del,  116. 
— No  person  shall  be  subject  to  corporal  punishment 
under  military  law,  except  such  as  are  employed  in 
the  army  or  navy,  or  in  the  militia  when  in  actual 
service,  in  time  of  war,  or  public  danger.  Me.,  240  ; 
Tenn,,  491. 

— All  punishments  ought  to  be  proportioned  to  the 
offense.      Or.,  448;  R.  I.,  473. 

— No  wise  Legislature  will  afli-^c  the  same  punishment 
to  the  crimes  of  theft,  forgery,  and  the  like,  which 
they  do  to  those  of  murder  and  treason.  Where  the 
same  undistinguishing  severity  is  exerted  against  all 
offenses,  the  people  are  led  to  forget  the  real  distinc- 
tion in  the  crimes  themselves,  and  to  commit  the 
most  flagrant  with  as  little  compunction  as  they  do 
the  lightest  offenses.  For  the  same  reason  a  multi- 
tude of  sanguinary  laws  is  both  impolitic  and  unjust; 
the  true  design  of  all  punishments  being  to  reform, 
not  to  exterminate  mankind.  N.  II.,  40t). 
— All  prisoners  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offenses,  when  the  proof  is  evi- 
dent, but  this  provision  shall  not  be  so  construed  as 
to  prohibit  bail  after  indictment  found,  upon  an 
examination  of  the  evidence  by  a  Judge  of  the 
Supreme  or  District  Court,  upon  the  return  of  a  writ 
of  habeas  corpus,  returnable  in  the  county  where  the 
offense  is  committed;  [or  to  such  other  counties  as 
the  same  may  by  consent  of  parties  be  made  return- 
able].    Tex.,  506. 

— All  prisoners  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offenses,  when  the  proof  is  positive 
or  the  presumption  great ;  [Mo.,  347  ;  Miss.,  335  ; 
Nev.,  379  ;  N.  C ,  426;  Or.,  447] ;  and  when  persons  are 
confined  on  accusation  for  sucli  offenses,  their  friends 
and  counsel  may  at  proper  seasons  have  access  to 
them.     Del,  117. 

— All  prisoners  shall,  before  conviction,  bo  bailable, 
by  sufficient  sureties,  except  for  capital  offenses, 
where  the  proof  is  evident,  or  the  presumption  great ; 
and  the  privileges  of  the  writ  of  habeas  corpus  shall 
not  be  su.spended.  unless  when  in  case  of  rebellion  or 
invasion,  tlie  public  safety  may  require  it,  nor  in  any 
case  but  by  the  Legislature.  Ci,  108;  substantially 
similar,  Fl,  129  ;  Me.,  240 ;  R.  L  473. 
— All  persons  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offenses,  where  the  proof  is  evident 
or  presumption  great ;  or,  unless  after  conviction  for 
any  offense  or  crime  punishable  with  death  or  impris- 
onment at  hard  labor.  La.,  233. 
— No  person,  before  conviction,  shall  be  bailable  for  any 
of  the  crimes  which  now  are  or  have  been  denominated 
capital  offenses  since  the  adoption  of  the  Constitution, 
when  the  proof  is  evident  or  the  presumption  great, 
whatever  the  puni.shment  of  the  crime  may  be.  jl/e.,252. 
— No  person  can  in  any  case  be  subjected  to  law- 
martial,  or  to  any  penalties  or  pains,  by  virtue  of  that 
law,  except  those  employed  in  the  army  or  navy,  [  Vt., 
522 ;  N.  II.,  401],  and  except  the  militia  in  actual 
service,  but  by  authority  of  the  JiCgislature.  Mass., 
282. 

— In  the  construction  of  jails,  a  proper  regard  shall 
be  had  to  the  health  of  prisoners.   Del,  117  ;  Pa.,  468. 


16 


1  §  6.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infamous 

2  crime  (except  in  cases  of  impeachment,  and  in  cases  of  militia  when  in  active  (') 

3  service  ;  and  the  land  and  naval  forces  in  time  of  war,  or  which  this  State  may 

4  keep,  with  the  consent  of  Congress,  in  time  of  peace,  and  in  cases  of  petit  larceny, 

5  under  the  regulation  of  the  Legislature),  unless  on  presentment  or  indictment 

6  of  a  grand  jury ;  and  in  any  trial  in  any  court  whatever,  the  party  accused 

7  shall  be  allowed  to  appear  and  defend  in  person  and  with  counsel  as  in  civil 

8  actious.f )    No  person  shall  be  subject  to  be  twice  put  in  jeopardy(^)  for  the  same 

9  offense ;  nor  shall  he  be  compelled  in  any  criminal  case  to  be  a  witness  against 

10  himself,(')  nor  be  deprived  of  life,  liberty  or  property  without  due  i)rocess  of  law ; 

11  nor  shall  private  property  be  taken  for  public  use,  without  just  compensation.(^) 


— Ko  person  arrested  or  confined  in  jail  shall  be 
treated  with  unnecessary  rigor.     Tenn.,  491. 
— No  commission  of  oyer  and  terminer  or  jail  delivery 
shall  be  issued.     Del,  117. 

— That  no  person,  except  regular  soldiers,  mariners, 
and  marines  in  the  service  of  this  State,  or  militia 
when  in  actual  service,  ought  in  any  case  to  be  sub- 
ject to,  or  punishable  by,  martial  law.     Md.,  255. 


IMPRISONMENT  FOR  DEBT. 

No  person  shall  bo  imprisoned  for  debt  [Tex.,  50G] 
in  any  civil  action  on  mesne  or  final  process,  unless 
in  cases  of  fraud  [Neb.,  371  ;  Ohio,  433  ;  Kan.,  197  ;] 
and  no  person  shall  be  imprisoned  for  a  militia  fine  in 
time  of  peace.  C'al,  97 ;  Iowa,  184. 
— That  imprisonment  for  debt  cannot  e.xist  in  this 
State,  except  for  fines  or  penalties  imposed  for  viola- 
tion of  law.     Mo.,  348. 

— No  person  shall  be  imprisoned  for  debt.  Md.,  246. 
— §  11.  Imprisonment  for  debt  shall  not  be  allowed 
in  this  State,  except  when  an  allegation  of  fraud  on 
the  part  of  the  debtor  shall  be  clearly  proved. 
Ark,  9.3. 

— In  any  action,  or  in  any  judgment  founded  upon 
contract,  unle-ssjn  cases  of  fraud;  nor  shall  any  per- 
son be  imprisoned  for  a  militia  fine  in  time  of  peace. 
N.  J.,  412. 

— Except  in  cases  of  fraud  or  absconding  debtors. 
Or.,  448. 

— That  the  person  of  a  debtor,  when  there  is  not 
strong  presimiption  of  fraud  shall  not  be  detained  in 
prison,  after  delivering  up  his  estate  for  the  benefit  of 
his  creditors,  in  such  manner  as  shall  be  prescribed 
by  law.     Miss.  335 ;  Aj.,  224. 

— That  the  person  of  a  debtor,  where  there  is  not 
strong  presumption  of  fraud,  shall  not  be  continued 
in  prison  after  delivering  up  his  estate  for  the  benefit 
of  his  creditor  or  creditors  in  such  manner  as  shall  be 
prescribed  by  law.     Ala.,  73  ;   Tenn.,  491. 

That  the  person  of  a  debtor,  where  there  is  not 
strong  persumption  of  fraud,  shall  not  be  continued 
in  prison  after  delivering  up  his  estate  for  the  benefit 
of  his  creditors  in  such  manner  as  shall  be  prescribed 
by  law.  Pa.,  4G8  ;  It.  I.,  473  ;  VL,  526. 
— Shall  not  bo  continued  in  prison  after  delivering  up 
bona  fide  all  his  estate,  real  and  personal,  for  the  use 
of  his  creditors,  in  such  manner  as  shall  hereafter  be 
regulated  by  law. 

— No  person  shall  bo  imprisoned  for  debt  arising  out 
of  or  founded  on  a  contract  expressed  or  implied. 
Mick,  307  ;    Wis.,  560. 

— Except  in  cases  of  fraud  or  broach  of  trust,  or  of 
moneys  collected  by  jjublic  officers,  or  in  any  profes- 


sional employment.  No  person  shall  be  imprisoned 
for  a  militia  fine  in  time  of  peace.  Mich.,  307. 
— The  privilege  of  the  debtor  to  enjoy  tlie  necessary 
comforts  of  life  sliall  be  recognized  by  wholesome 
laws,  exempting  a  reasonable  amount  of  property 
from  seizure  or  sale,  for  the  payment  of  any  debt  or 
liability  hereafter  contracted.  Wis.,  560. 
— The  privilege  of  the  debtor  to  enjoy  the  necessary 
comforts  of  life  shall  be  recognized  by  wholesome 
laws,  exempting  a  reasonable  amount  of  property 
from  seizure  or  sale  for  payment  of  any  debts  or  lia- 
bilities hereafter  contracted ;  and  there  shall  be  no 
imprisonment  for  debts  except  in  cases  of  fraud,  libel, 
or  slander,  and  no  person  shall  be  imprisoned  for  a 
militia  fine  in  time  of  peace.  Nev.  380. 
— No  person  shall  be  imprisoned  for  debt  in  this 
State,  but  this  State  shall  not  prevent  the  Legislature 
from  providing  for  imprisonment,  or  holding  to  bail 
persons  charged  with  fraud  in  contracting  said  debt. 
A  reasonable  amount  of  property  shall  be  exempt 
from  seizure  or  sale,  for  the  payment  of  any  debt  or 
liability ;  the  amount  of  such  exemption  shall  be 
determined  by  law.  Min.,  320. 
— The  person  of  a  debtor  shall  not  be  detained  in 
prison,  after  delivery,  for  the  benefit  of  his  creditors 
of  all  his  estate,  not  expressly  exempted  by  law 
from  levy  and  sale.     Oa.,  143. 

— No  person  shall  be  imprisoned  for  debt,  unless  upon 
refusal  to  deliver  up  his  estate  for  the  benefit  of  his 
creditors,  in  such  manner  as  shall  be  prescribed  by 
law,  or  in  cases  where  there  is  strong  presumption  of 
fraud.     Ill,  166. 

— The  privilege  of  the  debtor  to  enjoy  the  necessary 
comforts  of  life,  shall  be  recognized  by  wholesome 
laws,  exempting  a  reasonable  amount  of  property 
from  seizure  or  sale  for  the  payment  of  any  debt  or 
liability  hereafter  contracted;  and  there  shall  be  no 
imprisonment  for  debt,  except  in  case  of  fraud. 
Ind.,  170. 


(1)  [Actual.]     N.  T.,  (1821)  42. 

(2)  In  every  trial  on  impeachment  or  indictment, 
the  party  accused  shall  be  allowed  counsel  as  in 
civil  actions.     N.  Y.,  (1821)  42. 

(3)  Ind.,  170 ;  Kan.,  197.  Of  life  or  limb.  N.  Y., 
(1821),  42;  Ala.,  73;  Arh.,  84;  Fl.  129;  III,  166; 
il/c,  240;  rerett.,  491;  Miss.,  335;  Tex.,  506;  U.  S., 
16 ;  Ky.,  223. 

(4)  This  section  was  embraced  in  1821,  except  as 
above  noted.     Also,  Cat,  96  ;  Nev.,  360. 

(5)  Ind,  170;  Kan.,  197;  Md.,  255;  Mich.,  307; 
W.  Va.,  547  ;   Or.,  447 ;    U.  S.,  16. 


16 


SECOND  TRIAL— RIGHT  OF  SPEEDY  TRIAL. 

— That  no  person,  after  liaving  been  once  acquitted 
by  a  jury,  can,  for  the  same  offense,  be  again  put 
in  jeopardy  of  life  or  liberty ;  but  if,  in  any  criminal 
prosecution,  the  jury  be  divided  in  opinion,  the 
court  before  which  the  trial  shall  be  had  nuvy,  in  its 
discretion,  discharge  the  jury,  and  commit  or  bail  the 
accused  for  trial  at  the  next  term  of  said  court.  Mo., 
347. 

— No  person,  for  the  same  offense,  shall  be  twice  put 
in  jeopardy  of  life  or  limb ;  nor  shall  a  person  be 
again  put  upon  trial  for  the  same  offense,  after  a 
verdict  of  not  guilty  ;  and  the  right  of  trial  by  jury 
shall  remain  inviolate.  Tex.,  506. 
— No  subject  shall  be  liable  to  be  tried,  after  an 
acquittal,  for  the  same  crime  or  offense.  Nor  shall 
the  Legislature  make  any  law  that  shall  subject  any 
person  to  a  capital  punishment  (except  for  the 
govennnent  of  the  army  and  navy,  and  militia  in 
actual  service)  without  trial  by  jury.  iV.  //.,  399. 
— That  no  person  shall  for  any  indictable  offense,  be 
proceeded  against  criminally  by  information ;  except 
in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia  when  in  actual  service  in  time  of  war  or 
public  danger  ;  or  by  leave  of  the  court  for  oppression 
and  misdemeanor  in  office.  No  person  shall  for  the 
same  oflense  be  twice  put  in  jeopardy  of  life  or  limb  ; 
nor  shall  any  man's  property  be  taken,  or  applied  to 
public  use,  without  the  consent  of  his  representa- 
tives, and  without  just  compensation  being  made. 
Pa.,  467. 

— No  person  shall  be  held  to  answer  for  a  criminal 
offense,  unless  on  the  presentment  or  indictment  of  a 
grand  jury,  except  in  cases  of  impeachment,  or  in 
cases  cognizable  by  Justices  of  the  Peace,  or  arising 
in  the  army  or  navy,  or  in  the  militia  wlicn  in  actual 
service  in  time  of  war  or  public  danger;  and  no  per- 
son for  the  same"  offense  shall  be  put  twice  in 
jeopardy  of  punishment,  nor  shall  be  compelled 
in  any  criminal  case  to  be  a  witness  against  himself. 
All  persons  shall,  before  conviction,  be  bailable  by 
sufficient  sureties,  except  for  capital  offenses,  when 
the  proof  is  evident  or  the  presumption  great ;  and 
the  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended  unless  when,  in  case  of  rebellion  or  inva- 
sion, the  public  safety  may  require.  Wis.,  560. 
— No  person  shall,  after  acquittal,  be  tried  for  the 
same  oirense.  All  persons  shall,  before  conviction, 
be  bailable  by  sufficient  sureties,  except  for  capital 
offenses,  when  the  proof  is  evident  or  presumption 
great.     N.  J.,  412. 

— No  person  shall  be  put  in  jeopardy  of  life  or  liberty 
more  than  once  for  the  same  offense,  save  on  his  or 
her  own  motion  for  a  new  trial  after  conviction,  or  in 
case  of  a  mis-trial.     Oa.,  142. 

— Prosecutions  shall  be  by  indictment  or  information. 
The  accused  shall  have  a  speedy  public  trial,  by  an 
impartial  jury  of  the  parish  in  which  the  offense  shall 
have  been  committed.  He  shall  not  be  compelled  to 
give  evidence  against  himself;  he  shall  have  the  right 
of  being  heard,  by  himself  or  counsel ;  he  shall  have 
the  right  of  meeting  the  witnesses  face  to  face,  and 
shall  have  compulsory  process  for  obtaining  witnesses 
in  his  favor.  He  shall  not  be  twice  put  in  jeopardy 
for  the  same  offense.     La.,  233. 

— No  person  shall  for  any  indictable  offense  be  pro- 
ceeded against  criminally  by  information,  except  in 
cases  arising  in  the  land  and  naval  forces,  or  in  the 
militia  when  in  actual  service  in  time  of  war  or  pub- 
lic danger,  and  no  person  shall  be  for  the  same  oflense 
twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall  any 
man's  property  be  taken  or  applied  to  public  use 
without  the  consent  of  his  representatives,  and  with- 
out compen.sation  being  made.  Del,  116. 
— In  all  criminal  prosecutions  the  accused  .shall  have 
the  right  to  a  public  trial  by  an  impartial  jury,  in  the 
county  in  which  the  offense  shall  have  been  com- 
mitted ;  to  be  heard  by  himself  and  counsel ;  to 
demand  the  nature  and  cause  of  the  accusation  against 
him,  and  to  have  a  copy  thereof;  to  meet  the  wit- 
nesses face  to  face,  and  to  have  compulsory  process 


for   obtaining   witnesses   in   his   favor.      Ind.,    170 
Kan.,  197. 

— All  offenses  less  than  felony,  and  in  which  the  pun- 
ishment does  not  exceed  a  fine  of  one  hundred  dollars, 
or  imprisonment  for  thirty  days,  shall  be  tried  sum- 
marily belbre  a  Justice  of  the  Peace,  or  other  officer 
authorized  by  law,  on  information  under  oath,  with- 
out indictment  or  the  intervention  of  a  grand  jury, 
saving  to  the  defendant  the  right  of  appeal ;  and  no 
person  shall  be  held  to  answer  for  any  higher  criminal 
oflense,  unless  on  presentment  or  indictment  by  a 
grand  jury,  except  in  cases  arising  in  the  army  or 
navy,  or  in  the  militia  when  in  actual  service,  in  time, 
of  war  or  public  danger.  Iowa,  184. 
— All  persons,  for  injuries  suft'ered  in  person,  reputa- 
tion, or  property,  shall  have  remedy  by  due  course  of 
law,  and  justice  administered  without  delay.  Kan., 
197  ;  substantially  the  same,  Me.,  240. 
— That  every  man,  for  any  injury  done  to  him  in  his 
person  or  property,  ought  to  have  remedy  by  the 
course  of  the  law  of  the  land,  and  ought  to  have 
justice  and  right  freely  without  sale,  fully  without 
any  denial,  and  speedily  without  delay,  according  to 
the  law  of  the  land.     Md.,  254. 

— Every  subject  of  the  Commonwealth  ought  to  find 
a  certain  remedy,  by  having  recourse  to  the  laws,  for 
all  injuries  or  wrongs  which  he  may  receive  in  his 
person,  properly  or  character.  He  ought  to  obtain 
riglit  and  justice  freely,  and  without  being  obliged  to 
purchase  it;  completely,  and  without  any  denial; 
promptly,  and  without  delay,  conformably  to  the 
laws.     Mass.,  281. 

— No  jierson  shall  be  debarred  from  prosecuting  or 
defending  any  civil  cause  for  or  against  him  or  her- 
self before  any  tribunal  in  this  State,  by  him  or 
her.sclf,  or  counsel  or  both.  Miss.,  335. 
— No  subject  shall  be  held  to  answer  for  any  crime 
or  offense  until  the  same  is  fully  and  plainly,  sub- 
stantially and  formally  described  to  him ;  or  be 
compelled  to  accuse  or  furnish  evidence  against  him- 
self And  every  subject  shall  have  a  right  to  produce 
all  proofs  that  may  be  favorable  to  himself;  to  meet 
the  witnes.ses  against  him  face  to  face,  and  to  be  fully 
heard  in  his  defense  by  himself  and  counsel.  And  no 
subject  shall  be  arrested,  imprisoned,  despoiled  or 
deprived  of  his  property,  immunities  or  privileges, 
put  out  of  the  protection  of  the  law,  exiled,  or 
deprived  of  his  life,  liberty,  or  estate,  but  by  the 
judgment  of  his  peers,  or  the  law  of  the  land.  N.  II., 
399. 

— No  man  in  a  court  of  common  law,  shall  be  com- 
pelled to  give  evidence  criminating  himself.  R.  I, 
473. 

— That  no  freeman  shall  be  taken,  imprisoned,  or 
disseized  of  his  freehold,  liberties  or  privileges, 
or  outlawed  or  exiled,  or  in  any  manner  destroyed 
or  deprived  of  his  life,  liberty  or  property,  but  by  the 
law  of  the  land.     /'7.,  129. 

— That  no  man  shall  be  put  to  answer  any  criminal 
charge,  but  by  presentment,  indictment  or  impeach- 
ment, except  as  hereinafter  provided.  Ark.,  84. 
— No  person  shall  be  arrested,  detained  or  punished, 
except  in  cases  clearly  warranted  by  law.  Ct.,  107. 
— In  all  criminal  prosecutions  the  accu.scd  shall  have 
a  right  to  be  heard  by  himself  and  by  counsel  [or 
both.  Fl.^ ;  to  demand  the  nature  and  cause  of  the 
accusation  ;  to  be  confronted  by  the  witnesses  against 
him ;  to  have  compulsory  process  to  obtain  witnesses 
in  his  favor;  and  in  all  prosecutions  by  indictment  or 
information  [or  presentment.  /''/.],  a  speedy  public 
trial  by  an  impartial  jury  [of  the  county  or  district 
where  the  offense  was  committed.  Ft.]  He  shall 
not  be  compelled  to  'give  evidence  against  himself, 
nor  be  deprived  of  life,  liberty  or  property  but  by 
due  course  of  law.  And  no  per.<on  shall  be  holden 
to  answer  for  any  crime  the  punishment  of  which 
may  be  death  or  imprisonment  for  life,  unless  on  a 
presentment  or  an  indictment  of  a  grand  jury,  except 
in  the  land  or  naval  forces,  or  in  the  militia,  when  in 
actual  service,  in  time  of  war,  or  public  danger.  Ct, 
107  ;  (substantially  similar),  U.  S.,  19  ;  Me.,  239  ;  0/iio, 
i32;  Ark.,  84;  Del,  110;  III.,  166;  Kan.,  197;  Iowa, 


17 


1  S  7.  When  private  property  shall  be  taken  for  any  public  use,  the  compen- 

2  sation  to  be  made  therefor,(')  when  such  compensation  is  not  made  by  the  State, 

3  shall  be  ascertained  by  a  jury,  or  by  not  less  than  three  commissioners  appointed 

4  by  a  court  of  record,  as  shall  be  prescribed  by  law.     Private  roads  may  be 

5  opened  in  the  manner  to  be  prescribed  by  law;  but  in  every  case  the  necessity  of 

6  the  road,  and  the  amount  of  all  damage  to  be  sustained  by  the  opening  thereof 

7  shall  be  first  determined  by  a  jury  of  freeholders,  and  such  amount,  together 

8  with  the  expenses  of  the  proceeding,  shall  be  paid  by  the  person  to  be  benefited. 


185 ;  Me.,  230 ;  Min.,  319 ;  Mo.,  347 ;  ^^lss.,  335 ;  N.  .1, 
ill ;  N.  C,  4-22 ;  Or.,  447 ;  Pa.,  4«7 ;  R.  L,  473 ; 
T^nn.,  491 ;  Ta.,  506 ;  Va.,  532. 

— All  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  person,  property  or  reputa- 
tion, "shall  have  remedy  by  due  course  of  law,  and 
rifrlit  and  justice  administered  without  sale,  denial  or 
delay.  Ct.,  108 ;  Fl,  129 ;  Lid.,  170 ;  La.,  234 ;  MUs., 
315;  Mo.,  347;  Neb.,  370;  Ohio,  433;  Or.,  447;  Pa., 
467;  Tenn.,  491. 

— Justice  shall  be  administered  freely  and  without 
purcha.se;  completely,  and  without  denial;  speedily, 
and  without  delay.     lad.,  170. 

— That  in  all  criminal  prosecutions  every  man  hath 
a  right  to  be  informed  of  the  accusation  against  him  ; 
to  have  a  copy  of  the  indictment  or  charge  in  due 
time  (if  required)  to  prepare  for  his  defense ;  to  be 
allowed  coun.sel ;  to  be  confronted  with  the  wit- 
nesses against  him;  to  have  process  for  his  witnesses; 
to  e-xamine  the  witnesses  for  and  against  him  on  oath  ; 
and  to  a  speedy  trial  by  an  impartial  jury,  without 
whose  unanimous  consent  he  ought  not  to  be  found 
guilty.     Md.,  2.54. 

— Every  person  cliarged  with  an  offense  against  the 
State,  shall  have  the  privilege  and  benefit  of  counsel, 
shall  bo  furnished  on  demand  with  a  copy  of  the 
accusation,  and  list  of  the  witnesses  on  whose  testi- 
mony the  charge  against  hint  is  founded ;  shall  have 
compulsory  process  to  obtain  the  attendance  of  his 
own  witnesses;  shall  be  confronted  with  the  wit- 
nesses testifying  against  him,  and  shall  have  a  public 
and  speedy  tiial  b3'  an  impartial  jury,  as  heretofore 
practiced.     Oa.,  142. 

— The  powers  of  the  courts  to  punish  for  contempt 
shall  be  limited  by  legislative  acts.  Oa.,  142, 
— Every  person  within  this  State  ought  to  find  a 
certain  remedy  in  the  laws  for  all  injuries  or  wrongs 
which  he  may  receive  in  his  person,  property,  or 
character ;  he  ought  to  obtain  right  and  justice  freely, 
an  i  without  being  obliged  to  purchase  it ;  completely 
and  without  denial,  promptly  and  without  delay, 
conformably  to  the  laws.  III.,  I G6. 
— No  subject  shall  be  held  to  answer  for  any  crimes 
or  no  offense  until  the  same  is  fully  and  plainly,  sub- 
stantially and  formally,  described  to  him  ;  or  be  com- 
pelled to  accuse,  or  furnish  evidence  against  himself; 
and  every  subject  shall  have  a  right  to  produce  all 
proofs  that  may  be  favorable  to  him ;  to  meet  the 
witnesses  against  him  face  to  foce,  and  to  be  fully 
heard  in  his  defen.se  by  himself  or  his  counsel,  at  his 
election.  And  no  subject  shall  be  arrested,  impris- 
oned, despoiled  or  deprived  of  his  property,  immuni- 
ties or  piivileges,  put  out  of  the  protection  of  the 
law.  exiled  or  deprived  of  his  life,  liberty  or  estate, 
but  by  the  judgment  of  his  peers,  or  the  law  of  the 
land.     Mass.,  2rfl. 

— And  the  Legislature  shall  not  make  any  law  that 
shall  .subject  anv  person  to  a  capital  or  infamous  pun- 
ishment, excepting  for  the  government  of  the  army 
and  navy,  without  trial  by  jury.  Mikh.,  281. 
— In  the  trial  of  all  criminal  cases  the  jury  shall  be 
the  judges  of  law  as  well  as  fact.  Md.,  277. 
5 


— That  no  person  shall,  for  any  indictable  offense,  be 
proceeded  again.st  criminally,  by  information,  except 
in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia  when  in  actual  service,  in  time  of  war  or  pub- 
lic danger,  or  by  leave  of  the  court  for  oppression  or 
misdemeanor  in  olfice.  Ky.,  223. 
— In  the  trial  of  all  causes  in  equity  in  the  District 
Courts,  the  plaintiff  or  defendant  shall,  upon  applica- 
tion made  in  open  court,  have  the  right  of  trial  by 
jury,  to  be  governed  by  the  rules  and  regulation.? 
prescribed  in  trials  at  law.  Tra;.,  510. 
— The  General  Assembly  shall  provide  for  the  com- 
pensation of  jurors,  but  appropriations  for  that 
purpose  shall  not  be  m.ade  from  the  State  treasury, 
except  in  prosecutions  for  felony  and  misdemeanor. 
Va.,  543. 

— The  G-eneral  Assembly  may  modify  or  abolish  the 
grand  jury  system.     lad.,  177. 

DUELING. 

— Any  person  who  shall,  after  the  adoption  of  this 
Constitution,  fight  a  duel,  or  send  or  accept  a  chal- 
lenge for  that  purpose,  or  be  aider  or  abettor  in  fighting 
a  duel,  shall  be  deprived  of  the  right  of  holding  any 
office  of  honor  or  profit  iu  this  State,  and  shall  be 
punished  otherwi.se,  in  such  manner  as  is  or  may  be 
prescribed  by  law.     Ill,  1G6. 

— [A  strin<_'ent  oath,  relating  to  dueling,  required.] 
III.,  166;  M.«..  343. 

[Disqualilication  from  holding  office  and  other  pen- 
alties.] Col.,  104;  Fl,  136;  Ky.,  220;  Md.,  204; 
Mo.,  362;  Ohio,  443;  La.,  466;  Tenn.,  498;  Tex., 
515;   Va.,  537;    IK  Fo.,  548;    IFis.,  570. 


(1).   Ct.,  107 ;  FL,  129 ;  Miss.,  335. 

COMPENSATION   FOR  PRIVATE   PROPERTY 
OR  SERVICES  FOR  PUBLIC  USE. 

— Each  individual  of  the  society  has  a  right  to  be 
protected  by  it  in  the  Enjoyment  of  his  life,  liberty 
and  property,  according  to  standing  laws.  He  is 
obliged,  consequently,  to  contribute  his  share  to  the 
expense  of  this  protection  ;  to  give  his  personal  ser- 
vice, or  an  equivalent,  when  necessary ;  but  no  part 
of  the  property  of  any  individual  can,  with  justice, 
be  taken  from  him,  or  applied  to  public  uses,  without 
his  own  consent,  or  that  of  the  representative  body 
of  the  people.  In  fine,  Ihe  people  of  this  Common- 
wealth are  not  controllable  by  any  other  laws  than 
those  to  which  their  Constitutional  representative 
body  have  given  their  consent.  And  whenever  the 
public  exigencies  require  that  the  property  of  any 
individual  should  be  appropriated  to  public  uses,  he 
shall  receive  a  reasonable  compensation  therefor. 
Mass.,  281. 

— No  person's  property  shall  bo  taken,  or  applied  to 
public  use,  without  adequate  compensation  being 
made,  unless  by  the  consent  of  such  person.  Tex„ 
506. 


18 


— The  assent  of  two-thirds  of  the  members  elected  to 
each  House  of  the  General  Assembly  shall  be  required 
to  every  bill  appropriating  the  public  money  or  public 
property  for  local  or  private  purpose.  Pa.,  476. 
— Lands  may  bo  taken  for  public  way,  for  the  purpose 
of  granting  to  any  corporation  the  Iranchise  of  way 
for  public  use.  In  all  cases,  however,  a  fair  and  equit- 
able compensation  shall  be  paid  for  such  land  and  the 
damages  arising  from  the  taking  of  the  same;  but  all 
corporations  being  common  carriers,  enjoying  the 
right  of  way  in  pursuance  to  the  provisions  of  this 
section,  shall  be  bound  to  carry  the  mineral,  agricul- 
tural and  other  productions  or  manufactures  on  equal 
and  reasonable  terms.  Min.,  328. 
— The  Legislature  shall  not  authorize  by  private  or 
special  law,  the  sale  or  conveyance  of  any  real  estate 
belonging  to  any  person ;  nor  vacate,  nor  alter  any 
road  laid  out  by  commissioners  of  highways,  or  any 
street  in  any  city  or  village,  or  in  any  recorded  town 
plat.     Mich.,  303. 

— The  General  Assembly  shall  have  no  power  to 
authorize,  by  private  or  special  law,  the  sale  of  any 
lands  or  other  real  estate  belonging  in  whole  or  in 
part  to  any  individual  or  indviduals.  III.,  154. 
— Private  property  sliall  not  be  taken  for  public 
improvements  in  cities  and  villages  without  the  con- 
sent of  the  owner,  unless  the  compensation  therefor 
shall  first  be  determined  by  a  jury  of  freeholders,  and 
actually  paid  or  secured  in  the  manner  provided  by 
law.     Mich.,  313. 

■ — No  person's  property  shall  be  taken  by  any  cor- 
poration under  authority  of  law,  without  compensa- 
tion being  first  made  or  secured  in  such  manner  as 
may  be  prescribed  by  law.  Or.,  457. 
— \o  right  of  way  shall  be  appropriated  to  the  use 
of  any  corporation,  until  full  compensation  therefor 
shall  be  first  made  in  money,  or  first  secured  by  a 
deposit  of  money,  to  the  owner,  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  cor- 
poration ;  which  compen.sation  shall  be  ascertained 
by  a  jury  of  twelve  men,  in  a  Court  of  Record,  as 
shall  be  prescribed  by  law.  Ohio,  443. 
— The  General  Assembly  shall  enact  no  law  authoriz- 
ing private  property  to  be  taken  for  public  use,  with- 
out just  compen.sation,  as  agreed  upon  between  the 
parties,  or  awarded  by  a  jury,  being  first  paid  or 
tendered  to  the  party  entitled  to  such  compensation. 
Md.,  264. 

— That  private  property  shall  not  be  taken  or  applied 
for  public  use,  unless  just  compensation  be  made 
therefor ;  nor  shall  private  property  be  taken  for 
private  use,  or  for  the  use  of  corporations  other  than 
municipal,  without  the  consent  of  the  owner ;  Pro- 
vided, However,  that  laws  may  be  made  securing  to 
persons  or  corporations  the  right  of  way  over  the 
lands  of  other  persons  or  corporations,  and,  for 
works  of  internal  improvement,  the  right  to  establish 
depots,  stations,  and  turn-outs ;  but  just  compensa- 
tion shall,  in  such  cases,  be  first  made  to  the  owner. 
Ala.,  73. 

- — No  man's  property  shall  be  taken  by  law  without 
just  compensation  ;  nor  except  in  case  of  the  State, 
without  such  compensation  first  assessed  and  ten- 
dered.    Ind.,  170. 

— When  private  property  is  taken  for  the  use  or  ben- 
efit of  the  public,  the  necessity  for  using  such  property 
and  the  just  compen.sation  to  be  made  therefor,  except 
when  to  be  made  by  the  State,  shall  be  ascertained 
by  a  jury  of  twelve  freeholders,  residing  in  the  vicin- 
ity of  such  property,  or  by  not  less  than  three  com- 
missioners, appointed  by  a  Court  of  Record,  as  shall 
be  prescribed  by  law.  Mich.,  314. 
— In  cases  of  flecessity,  private  ways  may  be  granted 
upon  just  compen.sation  being  first  paid;  and  with 
this  exception  private  property  shall  not  be  taken, 
save  for  public  use,  and  then  only  on  just  compensa- 
tion to  be  first  provided  and  paid,  unless  there  be  a 
pressing,  unforeseen  necessity ;  in  which  event  the 
General  Assembly  shall  make  early  provision  for 
such  compensation.     Oa.,  143. 

—  The  property  of  no  person  shall  be  taken  for  pub- 
lic use  without  just  compensation  therefor.     Private 


roads  may  be  opened  in  the  manner  to  be  prescribed 
by  law;  but  in  every  case  the  necessity  of  the  road 
and  the  amount  of  all  damages  to  be  sustained  by 
the  opening  thereof,  shall  be  first  determined  by  a 
jury  of  freeholders;  and  such  amount,  together  with 
tlie  expenses  of  proceedings,  shall  be  paid  by  the 
person  or  persons  to  be  benefited.  Mich.,  314. 
— Nor  shall  any  man's  property  be  taken  or  applied 
to  public  use  without  the  consent  of  his  Representa 
tives  in  the  General  Assembly,  nor  without  ju.5t  com- 
pensation being  made  to  him.  III.,  IOC;  Va.,  537. 
— Private  property  shall  not  be  taken  for  public  use 
without  just  compen-sation  first  beingmade  orsecured, 
to  be  paid  to  the  owner  thereof,  as  soon  as  the  dam- 
ages shall  be  assessed  by  a  jury,  who  shall  not  take 
into  consideration  any  advantages  that  may  result  to 
said  owner  on  account  of  the  improvement  for  which 
it  is  taken.     Iowa.,  186. 

— Private  property  shall  not  be  taken  for  public  uses 
without  just  compensation ;  [Mo.,  344 ;  Neb.,  371  ; 
N.  J.,  412  ;  R.  /.,  453 ;  W.  Va.,  547 ;  IVw.,  560  ;]  nor 
unless  the  public  exigencies  require  it.  \Me.,  240  ;  to 
be  previously  paid.  Min.,  320] ;  except  in  cases  of 
war,  riot,  fire  or  great  public  peril,  in  which  cases 
compensation  shall  be  afterwards  made.  Nev.,  380. 
— Private  property  shall  not  be  taken  for  public  use, 
nor  the  particular  services  of  any  man  be  demanded, 
without  just  compensation ;  nor  except  in  the  case 
of  the  State,  without  such  compensation  first  assessed 
and  tendered.     Or.,  448. 

— That  private  property  ought  to  be  subservient  to 
public  uses,  when  necessity  requires  it ;  nevertheless, 
whenever  any  person's  property  is  taken  for  the  use 
of  the  public,  the  owner  ought  to  receive  an  equiva- 
lent in  money.  Vi.,  521.  But  land  may  be  taken 
for  public  highways,  as  heretofore,  until  the  Legis- 
lature shall  direct  compensation  to  be  made.  N.  J., 
412. 

— Private  property  shall  ever  be  held  inviolate,  but 
subservient  to  the  public  welfare.  When  taken  in 
time  of  war  or  other  public  e.xigency,  imperatively 
requiring  its  immediate  seizure,  or  for  the  purpose  of 
making  or  repairing  roads,  which  .shall  be  open  to  the 
public,  without  charge,  a  compensation  shall  be  made 
to  the  owner,  in  money,  and  in  all  other  cases  where 
private  property  shall  be  taken  for  public  use,  a  com- 
pensation therefor  shall  be  first  made  in  money,  or 
first  secured  by  a  deposit  of  money  ;  and  such  com- 
pensation shall  be  assessed  by  a  jury,  without  deduction 
for  the  benefits  to  any  property  of  the  owner. 
Ohio,  433. 

— No  part  of  a  man's  property  shall  be  taken  from  him 
or  applied  to  public  uses,  without  his  own  consent,  or 
that  of  the  Representative  body  of  the  people.  Nor 
are  the  inhabitants  of  this  State  controllable  by  any 
other  laws  than  those  to  which  they,  or  their  represen- 
tative body  have  given  their  consent.  N.  II.,  399; 
VI.,  522. 

— Laws  should  have  a  general  operation,  and  no  gen- 
eral law  affecting  private  rights  shall  be  varied  in  any 
particular  ca.se  by  special  legislation,  except  with  the 
free  consent,  in  writing,  of  all  persons  to  be  affected 
thereby;  and  no  person  being  under  a  legal  disability 
to  contract,  is  capable  of  such  free  consent.  Oa.,  142. 
— No  man's  particular  service  shall  be  demanded  with- 
out just  compen-sation.  Oc,  448;  Ind.,  170. 
— That  no  man's  particular  services  shall  be  demanded, 
or  property  taken,  or  applied  to  public  use,  without 
the  consent  of  his  Representatives,  or  without  just 
compensation  being  made  therefor.     Tenn.,  491. 


SUITS  AGAINST  THE  STATE. 

— Suits  may  be  brought  against  the  State,  according 
to  such  regulation.'!  as  shall  be  made  by  law.  Ala., 
73;   Gal,  104;  Del,  117. 

• — The  General  Assembly  may  direct,  by  law,  in  what 
manner,  and  in  what  courts,  suits  may  be  brought 
against  the  State.  Ark,  87;  III.,  154;  Ind,  174; 
Ky.,  220;  Mis.,  343;  Nev.,  383;    Wis.,  563. 


19 


1  5  8.  Every  citizen  may  freely  speak,  write  and  publish  his  sentiments  on 

2  all  subjects,  being  responsible  for  the  abuse  of  that  right ;  and  no  law  shall  be 

3  passed  to  restrain  or  abridge  the  liberty  of  speech  or  the  press.    In  all  criminal 

4  prosecutions  or  indictments  for  libels,  the  truth  may  be  given  in  evidence  to  the 


5  jury; 


and  if  it  shall  appear  to  the  jury  that  the  matter  charged  as  libelous  is 


6  tnie.and  was  published  with  good  motives  and  for  justifiable  ends,  the  party  shall 

7  be  acquitted;  and  the  jury  shall  have  the  right  to  determine  tlie  law  and  the  fact(') 


— But  no  special  act  authorizing  such  suit  to  be 
brouglit,  or  making  compensation  to  any  person 
claiming  damages  against  the  State,  shall  ever  be 
passed.     Iivl,  174;   Or.,  4")1. 

— It  shall  be  the  duty  of  the  Clerk  of  the  Court  of 
Appeals  and  the  Commissioner  of  the  Land  Office 
respectively,  whenever  a  case  shall  be  brought  into 
said  court  or  office,  in  which  the  State  is  a  party  or 
has  an  interest,  immediately  to  notify  the  Attorney- 
General  thereof     Md.,  271. 

— No  State  officer  or  member  of  the  Legislative 
Assembly  shall,  directly  or  indirectly,  receive  a  fee, 
or  be  engaged  as  counsel,  agent,  or  attorney  in  the 
prosecution  of  any  claim  against  this  State.     Or.,  458. 


(1).  N.  Y.  (1821),  42;  Cal,  9G;  Cncarlv  similar), 
Cl.,  107;  Fl,  129;  Neb.,  370;  Miss.,  334;  'Tex.,  50G; 
Wis.,  559. 


FREEDOM  OF  SPEECH  AND  OF  THE  PRESS. 

— That  the  free  communication  of  thought  and  opin- 
ions is  one  of  the  invaluable  rights  of  man,  and  that 
every  person  may  freely  speak,  write,  and  print,  on 
any  subject,  being  responsible  for  the  abuse  of  that 
liberty ;  and  in  all  prosecutions  for  libel,  the  truth 
thereof  may  be  given  in  evidence,  and  the  jury  may 
determine  the  law  and  the  facts,  under  the  direction 
of  the  court.     Mo.,  348. 

— Tliat  every  citizen  may  freely  speak,  write  and 
publish  his  sentiments  on  all  subjects,  being  responsi- 
ble for  the  abuse  of  that  liberty.  Ala.,  72  ;  Fl,  129. 
— The  press  shall  be  free ;  every  citizen  may  freely 
speak,  write  and  publish  his  sentiments  on  all  sub- 
jects, being  responsible  for  an  abuse  of  this  liberty. 
La,  234. 

— That  printing  presses  shall  be  free  to  every  person ; 
and  no  law  shall  ever  be  made  to  restrain  the  rights 
thereof  The  free  communication  of  thoughts  and 
opinions  is  one  of  the  invaluable  rights  of  man ;  and 
every  citizen  may  freely  speak,  write  and  print,  on 
any  subject,  being  responsible  for  the  abuse  of  that 
liberty.     Ark.,  84  ;  Pa.,  467. 

— That  the  liberty  of  the  press  ought  to  be  inviolably 
preserved ;  that  every  citizen  of  the  State  ought  to 
be  allowed  to  speak,  write  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that 
liberty.     Md.,  25G. 

— In  prosecutions  for  the  publication  of  papers  inves- 
tigating the  official  conduct  of  officers  or  men  in 
public  capacity,  or  where  the  matter  published  is 
proper  for  public  information,  the  truth  thereof  may 
be  given  in  evidence,  and  in  all  indictments  for  libels 
the  jury  shall  have  the  right  to  determine  the  law 
and  the  facts.  Ala.,  73  ;  Ari.,  84  ;  /».,  160;  Ky.,  223; 
Pa.,  467  ;  Tex.,  506. 

— In  all  indictments  for  libels,  the  jury,  after  having 
received  the  direction  of  the  court,  shall  have  a  right 
to  determine,  at  their  discretion,  the  law  and  the  fact. 
Me.,  239. 


— The  liberty  of  the  press  is  essential  to  the  security 
of  freedom  in  a  State ;  it  ought,  therefore,  to  be 
inviolably  preserved.  N.  H.,  400. 
— The  press  shall  be  free  to  every  citizen  who  under- 
takes to  examine  the  ofScial  conduct  of  men  acting 
in  a  public  capacity ;  and  any  citizen  may  print  on 
any  such  subject,  being  responsible,  for  the  abuse  of 
that  liberty.  In  prosecutions  for  publications  inves- 
tigating the  proceedmgs  of  officers,  or  where  the 
matter  published  is  proper  for  public  information,  the 
truth  thereof  may  be  given  in  evidence ;  and  in  all 
indictments  for  hbels,  tlie  jury  may  determine  the 
facts  and  tlie  law,  as  in  other  cases.  III.,  116. 
— No  law  abridging  freedom  of  speech  or  of  the  press 
shall  be  passed  ;  but  tlie  Legislature  may  provide  for 
the  restraint  and  punishment  of  the  publishing  and 
vending  of  obscene  books,  papers  and  pictures,  and  of 
libel  and  defamation  of  character,  and  for  the  recov- 
ery, in  civil  actions,  by  the  aggrieved  party,  of  suitable 
damages  for  such  libel  or  defamation.  Attempts  to 
justify  and  uphold  an  armed  invasion  of  the  State,  or 
an  organized  insurrection  therein,  during  the  contin- 
uance of  such  invasion  or  insurrection,  by  pviblicly 
speaking,  writing,  or  printing,  or  by  publishing  or' 
circulating  such  writing  or  printing,  may  be,  by  law, 
declared  a  misdemeanor,  and  punished  accordingly. 
W.  Ta.,  547. 

— The  liberty  of  the  press  is  essential  to  the  security 
of  freedom  in  a  State;  it  ought  not,  therefore,  to  be 
restrained  in  this  Commonwealth.  Mass.,  281. 
— That  the  freedom  of  the  press  is  one  of  the  great 
bulwarks  of  liberty,  and  can  never  be  restrained  but 
by  despotic  governments.  N.  C,  422  ;  Va.,  532. 
— No  law  shall  ever  be  passed  to  curtail  or  restrain  the 
liberty  of  speech  of  the  press.  Mlis.,  334  ;  Mich.,  304. 
— The  liberty  of  the  press  shall  be  inviolate  ;  and  all 
persons  may  freely  speak,  write,  or  publish  their  sen- 
timents on  all  subjects,  being  responsible  for  the  abuse 
of  such  right;  and  in  all  civil  or  criminivl  actions  for 
libel,  the  truth  may  be  given  in  evidence  to  the  jury, 
and  if  it  sliall  appear  that  the  alleged  libellous  matter 
was  published  for  justifiable  ends,  the  accused  party 
shall  be  acquitted.     Kan.,  197. 

— Freedom  of  speech,  and  freedom  of  the  press,  are 
inherent  elements  of  political  liberty.  But  while 
every  citizen  may  freely  speak  or  write,  or  print  on 
any  subject,  he  sliall  be  responsible  for  the  abuse  of 
the  liberty.     Min.,  319. 

— That  tlie  people  have  a  right  to  freedom  of  speech, 
and  of  writing  and  publishing  their  sentiments  con- 
cerning the  transactions  of  government,  therefore  the 
freedom  of  the  press  ought  not  to  be  restrained. 
R,  522. 

— The  liberty  of  the  press  being  essential  to  the 
security  of  freedom  in  a  State,  any  person  may  pub- 
lish his  sentiments  on  any  subject,  being  responsible 
for  the  abuse  of  that  liberty ;  and  in  all  trials  for  libel, 
both  civil  and  criminal,  the  truth,  unless  published 
from  malicious  motives,  shall  be  sufficient  defense  to 
the  person  charged.  R.  I.,  474. 
— -The  printing  presses  shall  be  free  to  every  person 
who  undertakes  to  examine  the  proceedings  of  the 
General  Assembly,  or  of  any  branch  of  government ; 
and  no  law  shall  ever  be  made  to  restrain  the  right 
thereof     The  free  communication  of  thoughts  and 


20 


1  •    5  9.  The  assent  of  two-thirds  of  the  members  elected  to  each  branch  of  the 

2  Legislature,  shall  be  requisite  to  every  bill  appropriatiug  the  public  moneys 

3  or  property  for  local  or  private  purposes('). 


opinions  is  one  of  the  invaluable  rights  of  man  ;  and 
every  citizen  may  freely  speak,  write  and  print  on 
any  subject,  being  responsible  for  the  abuse  of  that 
liberty.  Ill,  lG(i;  Ay,  2J2 ;  Tenn.,  491. 
— But  in  prosecutions  for  the  publication  of  papers 
investigating  the  official  conduct  of  officers  or  men  in 
public  capacity,  the  truth  thereof  may  be  given  in 
evidence;  and  in  all  indictments  for  libels,  the  jury 
shall  have  a  right  to  determine  the  law  and  the  fects, 
under  the  direction  of  the  court,  as  in  other  criminal 
cases.     Tenn.,  491. 

—No  law  shall  be  passed  restraining  the  free  inter- 
chansjc  of  thought  and  opinion,  or  restricting  the 
right" to  speak,  write  or  print  fret-Iy  on  any  subject 
whatever ;  but  for  tlie  abuse  of  tliat  right  ev^ery  per- 
son shall  be  responsible.  /«d,  170;  Or.,  iil. 
— In  prosecutions  and  civil  .fuits  for  libel,  the  truth 
may  bo  given  in  evidence;  and  if  it  shall  appear  to 
the  jury  that  the  matter  charged  as  libelous  is  trmi, 
and  was  published  witli  good  motives  and  for  justifia- 
ble ends,  the  verdict  shall  be  for  the  defendant.  W. 
Va.,  547. 

— In  all  prosecutions  for  libel,  the  truth  of  the  matters 
alleged  to  bo  libelous  may  be  given  in  justification. 
ImL,  170. 

— In  all  prosecutions  for  libels,  the  truth  may  be  given 
in  evidence  to  the  jury ;  and  if  it  shall  appear  to  the 
jury  that  the  matter  charged  as  libelous  is  true,  and 
was  published  with  good  motives  and  for  justifiable 
ends,  the  party  shall  be  acquitted.  The  jury  shall 
have  the  right  to  determine  the  law  and  the  fact. 
m-h.,  307. 

Every  person  may  speak,  write   and   publish  his 

sentiments  on  all  subjects,  being  responsible  for  the 
abuse  of  that  right.  No  law  shall  be  passed  to  restrain 
or  abridge  the  liberty  of  speecli,  or  of  the  press.  In 
all  prosecutions  or  indictments  for  libel,  the  truth  may 
be  given  in  evidence  to  the  jury,  and  if  it  appear  to 
the  jury  that  the  matter  charged  as  libelous  was  tr\ie, 
and  was  published  with  good  motives  and  justifiable 
ends,  the  party  shall  be  acquitted.  loiva,  18:5;  sub- 
BUntially  the  same,  Me.,  239;  Ohio,  4i3;  JVew,  380; 
If.  J.,  412. 


(1).  ificA.,  304;  [or  creating,  continuing,  altering 
or  renewmg  any  body  politic  or  corporate].  iV.  Y., 
(1821),  42. 

LA.WS  FOR  APPROPRIATION  OF  MONEY. 

The  assent  of  two-thirds  of  the  members  elected 

to  each  branch  of  the  Legislature  shall  be  requisite 
to  every  bill  appropriating  the  public  moneys  or 
property  for  local  or  private  purposes,  or  creating, 
continuing,  altering  or  renewing  any  body  politic  or 
corporate.     iV!  K,  (1821),  42. 

No  money  shall  be  drawn  from  the  treasury  of  the 

SUate  except  in  accordance  with  an  appropriation  by 
law,  and  every  such  law  shall  distinctly  specify  the 
sum  appropriated,  and  the  object  to  which  it  shall  be 
applied;  Provided,  That  nothing  herein  contained 
shall  prevent  the  General  Assembly  from  placing  a 
contingent  fund  at  the  disposal  of  the  Executive, 
who  shall  report  to  the  General  Assembly  at  each 
session  the  amount  expended  and  the  purposes  to 
which  it  was  applied;  an  accurate  statement  of  the 
receipts  and  expenditures  of  the  public  money  shall 
he  attached  to  and  published  with  the  laws  after  each 
regular  session  of  the  General  Assembly.     Md.,  263. 


— No  moneys  shall  bo  issued  out  of  the  Treasury  of 
this  Commonwealth  and  disposed  of  (except  such 
sums  as  may  be  appropriated  for  the  redemption  of 
bills  of  credit  or  Treasurer's  notes,  or  for  the  pay- 
ment of  interest  arising  thereon)  but  by  warrant 
imder  the  hand  of  the  Governor  for  tlie  time  being, 
with  the  advice  and  consent  of  the  council  for  the 
necessary  defense  and  support  of  the  Commonwealth, 
and  for  the  protection  and  preservation  of  the  inhab- 
itants thereof  agreeably  to  the  acts  and  resolves  of 
the  General  Court.     Mass.,  288. 

— No  money  shall  be  drawn  from  the  Treasury 
except  in  pursuance  of  a  specific  appropriation  made 
by  law;  and  no  appropriation  shall  be  made  for  a 
lonirer  period  than  two  years.  JVeb.,  373 ;  Ohio,  434. 
— No  money  shall  bo  drawn  from  the  treasury  but 
in  consequence  of  an  appropriation  made  by  law,  nor 
shall  any  appropriatior.  of  money  for  the  support  of 
an  armv  be  made  for  a  longer  time  than  one  year. 
Misi.,  342. 

— No  money  shall  be  drawn  from  the  treasury  except 
in  pursumce  of  a  specific  appropriation  made  by  law, 
and  no  appropriation  shall  be  for  a  longer  term  than 
one  year.     Knn.,  200. 

— No  vote,  re.solution,  law  or  order  shall  pass  grant- 
ing a  donation  or  gratuity  in  favor  of  any  person, 
except  by  the  concurrence  of  two-thirds  of  the  Gen- 
eral Assembly.      Oa.,  14G. 

— No  money  shall  be  drawn  from  the  treasury  but  in 
consequence  of  appropriations  made  by  law ;  and  a 
regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  money  shall  be  published 
at  least  once  in  every  two  years.     Del.,  1 19. 

—No  money  shall  be  appropriated  except  by  bill 
Mi-is.  322. 

— No  moneys  shall  be  issued  out  of  the  treasury  of 
this  State,  and  disposed  of  (except  such  sums  as  may 
be  appropriated  for  the  red^'mptiou  of  bills  of  credit  or 
treasurer's  notes,  or  for  the  p.ay  ment  of  interest  arising 
thereon)  but  by  warrant  under  the  hand  of  the  Gov- 
ernor for  the  time  being,  by  and  with  the  advice  and 
consent  of  Council,  for  the  necessary  support  and 
defense  of  this  State,  and  for  the  neccs-iary  protection 
and  preservation  of  the  inhabitants  thereof  agreeably 
to  the  acts  and  resolves  of  the  General  Court.  N'. 
H.,  400. 

— No  money  shall  be  drawn  from  the  treasury,  but 
in  pursuance  of  specific  appropriations  made  by  law  ; 
nor  shall  any  appropriation  of  money  be  made  for  a 
longer  term  than  two  year.s,  except  for  purposes  of 
education ;  and  no  appropriation  for  private  or  indi- 
vidual purposes,  or  for  purposes  of  internal  improve- 
ment shall  be  made,  without  the  concurrence  of 
two-thirds  of  both  houses  of  the  Legislature.  A 
regular  statement  and  acctount  of  the  receipts  and 
expenditures  of  all  public  money  shall  be  publi.shed 
annually  in  such  manner  as  shall  be  prescribed  by 
law.  And  in  no  case  shall  the  Legislature  have  the 
power  to  issue  "  treasury  warrants,"  "treasury  notes," 
or  paper  of  any  description,  intended  to  circulate  as 
money.     Tex.,  515. 

— Laws  making  appropriations  for  the  salaries  of  pub- 
lic officers,  and  other  current  expenses  of  the  State, 
shall  contain  provisions  upon  no  other  subject  Dr., 
456. 

— In  all  cases  where  sums  of  money  are  mentioned 
in  this  Constitution,  the  value  thereof  shall  be  com- 
puted in  silver,  at  six  shillings  and  eight  pence  per 
ounce ;  and  it  shall  be  in  the  power  of  the  Legisla- 
ture, from  time  to  time,  to  increase  such  qualifications, 
as  to  property,  of  the  persons  to  be  elected  to  offices, 
as  the  circumstances  of  the  Cummjnwealth  shall 
require.     Mass.,  293. 


21 


— In  all  cases  where  sums  of  money  ar3  raviiiiied 
in  this  Constitution,  the  value  thereof  shall  be  com- 
puted in  silver  at  six  shillings  and  eight  pence  per 
ounce.     N.  II.,  410. 

[Two-thirds  vote  requisite  for  a  tax].  Vt.,  523. 
— No  money  shall  be  drawn  from  the  treasury  but  in 
pursuance  of  [specific,  La.,']  appropriations  made  by 
law,  nor  shall  any  appropriations  of  money  for  the 
support  of  an  army  be  made  for  a  longer  time  than 
two  years,  and  a  regular  statement  and  account  ot 
the  receipts  and  expenditures  of  all  public  money 
shall  be  published  annually.  [Ky.,  220;  La.,  233; 
Tenn.,  494;  W.  Va.,  5.56],  in  such  manner  as  shall  be 
prescribed  by  law.  La.,  233  ;  <S  0,  484. 
— No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law,  [Ala. 
78;  Ark,  93;  Cal,  99;  FL  137;  Ga.,  146;  Ind., 
179  ;  Iowa,  186  ;  Mich.,  312  ;  Miss.,  342  ;  Mo.,  362  ; 
Mb.,  376;  iVw.,  382 ;  N:  J.,  414;  Ohio,  440;  Or., 
456;  Pa.,  462;  FC,  525;  Wis.,  567],  and  a  regular 
statement  and  account  of  the  receipts  and  expen- 
ditures of  all  public  money  shall  be  published  from 
time  to  time.  U.  <?.,  13  ;  (similar  provision),  Va.,  538. 
— No  subsidy,  charge,  tax,  impost  or  duties,  ought  to 
be  established,  fi.xed,  laid  or  levied,  under  any  pretext 
whatsoever,  without  the  consent  of  tlie  people,  or 
tlieir  Representatives  in  the  Legislature.  Mass.,  282 ; 
iV://.,  400;  Md.,  2oi;  Or.,  US, 
— Tliat  the  people  of  this  State  ought  not  to  be  taxed 
or  made  subject  to  the  payment  of  any  impost  or 
duty,  without  the  consent  of  themselves,  or  their 
Representatives  in  G-eneral  Assembly  freely  given. 
N.  a,  422. 

— An  accurate  statement  of  the  receipts  and  expen- 
ditures of  the  public  moneys  shall  be  attached  to  and 
published  with  tlie  laws,  at  every  regular  session  of 
the  Legislature.  Mich.,  314;  (nearly  similar),  Ala., 
78;  Ark,  93;  Cal,  99;  Ct.,  Ill;  FL,  137;  Oa., 
146;  Ind.,  179;  Iowa,  186;  Kan.,  201;  Me.,  246; 
Mo.,  362  ;  Mv.,  382 ;  Ohio,  443  ;  Dr..  456. 
— And  previous  to  any  law  being  made  to  raise  a  tax, 
the  purpose  for  which  it  is  to  be  raised  ought  to  appear 
evident  to  the  Legislature  to  be  of  more  service  to 
the  community  than  the  money  would  bo  if  not  col- 
lected.     Vt.,  522. 


EXTRA  COMPENSATION  FOR  SERVICES  AND 
CONTRACTS. 

— No  extra  compensation  shall  be  made  to  any  officer, 
public  agent,  or  contractor,  after  the  service  shall 
have  been  rendered,  or  the  contract  entered  into; 
nor  shall  any  money  be  paid  on  any  claim,  the  sub- 
ject-matter of  which  shall  not  have  been  provided 
for  by  pre-existing  laws,  and  no  public  money  or 
property  shall  be  appropriated  for  local  or  private 
purposes,  unless  such  appropriation,  compensation,  or 
claim  be  allowed  by  two-thirds  of  the  members 
elected  to  each  branch  of  the  General  Assembly. 
Iowa,  187. 

— No  extra  compensation  shall  be  granted  or  allowed 
by  the  General  Assembly  to  any  public  officer,  agent, 
servant,  or  contractor,  after  the  services  shall  have 
been  rendered  or  the  contract  entered  into  ;  nor  shall 
the  salary  or  compensation  of  any  public  officer  be 
increa.sed  or  diminished  during  his  term  of  office. 
Md..  263. 

— The  Legislature  shall  not  grant  nor  authorize 
extra  compensation  to  any  public  officer,  agent,  or 
contractor,  after  the  service  has  been  rendered  or  the 
contract  entered  into.  Mich.,  303  ;  III.,  154. 
— The  Legislature  shall  never  grant  any  extra  com- 
pensation to  any  public  officer,  agent,  servant,  or 
contractor,  after  the  services  shall  have  been  rendered 
or  the  contract  entered  into.  Nor  shall  the  compen- 
sation of  any  public  officer  be  increased  or  diminished 
during  his  terra  of  office.  Neb.,  373  ;  Wis.,  563. 
— No  extra  compensation  shall  bo  made  to  any  officer, 
public  agent,  or  contractor,  after  the  service  shall 
have  been  rendered,  or  the  contract  entered  into; 
nor  shall  any  money  be  paid,  on  any  claim,  the  sub- 


ject-matte* of  which  shall  not  have  been  provided  for 
by  the  pre-existing  law,  unless  such  compensation,  or 
claim,  be  allowed  by  two-thirds  of  the  members 
elected  to  each  branch  of  the  General  Assembly. 
Ohio,  435. 

—The  Legislature  shall  provide  by  law  for  the  com- 
pensation of  all  officers,  servants,  agents,  and  public 
contractors,  not  provided  for  by  this  Constitution,  and 
shall  not  grant  extra  compensation  to  any  officer, 
agent,  servant,  or  public  contractor,  after  such  public 
service  shall  have  been  performed,  or  contract  entered 
into  for  the  performance  of  the  same  ;  nor  grant,  by 
appropriation,  or  otherwise,  any  amount  of  money 
out  of  the  treasury  of  the  State,  to  any  individual  on 
a  claim,  real  or  pretended,  where  the  same  shall  not 
have  been  provided  for  by  pre-existing  law ;  Pro- 
vided, That  nothing  in  this  section  shall  be  so  construed 
as  to  affect  the  claims  of  persons  against  the  Repub- 
lic of  Texas,  heretofore  existing.  Tex.,  515. 
— No  money  shall  be  drawn  from  the  State  treasury 
as  salary  or  compensation  for  any  officer  or  employee 
of  the  Legislature,  or  either  branch  thereof,  except  in 
such  cases  where  such  salary  or  compensation  has 
been  fixed  by  a  law  in  force  prior  to  the  election  or 
appointment  of  such  officer  or  employee  of  the  Legis- 
lature, or  either  branch  thereof,  at  such  session  of  the 
Legislature.     Nev.,  383. 

— No  extra  compensation  shall  be  granted  or  allowed 
to  any  public  officer,  agent,  or  contractor,  after  the 
services  shall  have  been  rendered,  or  the  contract 
entered  into.  Nor  shall  the  salary  or  compensation 
of  any  public  officer  be  increased  or  diminished  during 
his  term  of  office.  W.  Va.,  548. 
— No  money  shall  be  drawn  from  the  treasury  but 
in  con.sequence  of  appropriations  made  by  law ;  and 
an  accurate  statement  of  the  receipts  and  expendi- 
tures of  the  public  money  shall  be  attached  to,  an  I 
published  with  the  laws  at  the  rising  of  each  session 
of  the  General  Assembly.  And  no  person  who  has 
been  or  may  be  a  collector  of  public  moneys  shall  be 
eligible  to  a  seat  in  either  House  of  the  General 
Assembly,  nor  be  eligible  to  any  office  of  profit  or 
trust  in  this  state,  until  such  person  shall  have 
accounted  for  and  paid  into  the  treasury  all  sums  for 
which  he  may  be  accountable.  Ill,  153. 
— The  officers  mentioned  in  this  article  shall,  at  stated 
times,  receive  for  their  services  a  compensation  to  be 
established  by  law,  which  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  they  shall 
have  been  elected.     Ohio,  436. 

— As  every  freeman,  to  preserve  his  independence 
(if  without  a  sufficient  estate),  ought  to  have  some 
profession,  calling,  trade  or  farm  whereby  he  may 
honestly  subsist,  there  can  be  no  necessity  for  nor 
use  in  establishing  offices  of  profit,  the  usual  effiicts 
of  which  are  dependence  and  servility,  unbecoming 
freemen,  in  the  possessors  or  expectants,  and  faction, 
contention  and  discord  among, the  people.  But  if 
any  man  is  called  into  public  service  to  the  prejudice 
of  his  private  affiiirs,  he  has  a  right  to  a  reasonable 
compensation;  and  whenever  an  office,  through 
increase  of  fees,  or  otherwise,  becomes  so  profitable 
as  to  occasion  many  to  apply  for  it,  the  profits  ought 
to  be  lessened  by  the  Legislature.  And  if  any  officer 
shall  wittingly  and  wilfully  take  greater  fees  than  the 
law  allows  him,  it  shall  ever  after  disqualify  him  from 
holding  any  office  in  this  State,  until  he  shall  be 
restored  by  act  of  legislation.      VI.,  525. 


DEDUCTION  FROM  SALARIES. 

— All  salaries  and  fees  annexed  to  offices  shall  be 
moderate ;  and  no  officer  shall  receive  any  fees  what- 
ever without  giving  to  the  person  who  pays  a  receipt 
for  them,  if  required,  therein  specifying  every  partic- 
ular and  the  charge  for  it.  Del,  125. 
— It  shall  be  the  duty  of  the  General  Assembly  to 
regulate  by  law  in  what  cases  and  what  deductions 
from  the  salaries  of  public  officers  shall  be  made,  for 
any  neglect  of  duty  in  their  official  capacity.  Fl, 
136 ;  Ky.,  220. 


6 


22 

1  5  iO.  No  law  shall  be  passed  abridging  the  right  of  the  people  peaceably 

2  to  assemble  and  petition  the  government,  or  any  department  thereof,  nor  shall 

3  any  divorce  be  granted,  otherwise  than  by  due  judicial  proceedings;  nor  shall 

4  any  lottery  hereafter  be  authorized  or  any  sale  of  lottery  tickets  allowed 
6  within  this  State. 


— Tlie  Legislature  shall  reduce  the  salaries  of  oflicers 
who  shall  neglect  the  performance  of  any  legal  duty. 
Kan.,  206. 

— The  ofRcers  mentioned  in  this  article  shall,  at  stated 
times,  receive  for  their  services  a  compensation  to  be 
established  by  law,  which  shall  neitlier  be  increased 
nor  diminished  during  tlie  period  for  which  they  shall 
have  been  elected.     Kan.,  198. 

— It  sliall  be  the  duty  of  the  Legislature  to  regulate, 
by  law,  the  cases  in  wliich  deductions  shall  be  made 
from  salaries  of  public  officers  for  neglect  of  duty  in 
their  official  capacity,  and  the  amount  of  such  deduc- 
tion.    Ala.,  71  ;  J/w.5.,  343. 

— The  Legislature  may,  at  any  time,  provide  by  law 
for  increasing  or  diminishing  the  salaries  or  compen- 
sation of  any  of  tlie  officers  whose  salary  or  com- 
pensation is  fixed  in  this  Constitution  ;  Provided.  No 
such  change  of  salary  or  compensation  shall  apply  to 
any  officer  during  the  term  for  which  he  may  have 
been  elected.     Nev.,  392. 

— The  Legislature  shall  have  power  to  provide  for 
deduction  from  the  salaries  of  public  officers  who  may 
neglect  the  performance  of  any  duty  that  may  be 
assigned  them  by  law.     Tex.,  515. 


RIGHT  OF  PETITION  — RIGHT  OF  ASSEMB- 
LING. 

— That  every  man  hath  a  right  to  petition  the  Legis- 
lature for  the  redress  of  grievances,  in  a  peaceable 
and  orderly  manner.  Md.,  254. 
— That  the  people  shall  have  a  right  [at  all  times — 
Me.],  in  a  peaceable  manner,  to  assemble  together  to 
consult  for  the  common  good ;  and  to  apply  to  those 
invested  with  the  powers  of  government  for  redress 
of  grievances,  or  other  proper  purposes,  by  petition, 
address  or  remonstrance.  Ala.,  74;  Kl,  130;  Me., 
240. 

— The  citizens  have  a  right,  in  a  peaceable  manner, 
to  assemble  together  for  their  common  good,  to  in- 
struct their  representatives,  and  to  apply  to  those 
invested  with  the  power  of  the  government  for  redress 
of  grievances,  or  other  proper  purposes,  by  [petition] 
address  or  remonstrance.     Ark.,  85;    CI.,  108. 

The  people  have  a  right,  in  an  orderly  and  peacea- 
ble manner,  to  a.ssemble  to  consult  upon  the  common 
good ;  give  instructions  to  their  representatives,  and 
to  request,  of  the  legislative  body,  by  tlio  way  of 
addresses,  petitions  or  remonstrances,  redress  of  the 
wrongs  done  them,  and  of  the  grievances  they  suffer. 
Ma.1.1.,  282. 

— The  people  shall  have  the  right  freely  to  a.ssemble 
together  to  consult  for  the  common  good,  to  instruct 
their  representatives,  and  to  petition  the  Legislature 
for  redress  of  grievances.  Cal.,  901 ;  III,  lOG;  Iowa, 
184;  Kan.,  197;  Mich.,  314;  Neb.,  370;  N.  J.,  413; 
N.  C,  422;  Net'.,  380;  Or.,  448;  or  other  purpose 
by  petition,  address  or  remonstrance.  Mixs.,  335 ; 
Pa.,  468;  K  H.,  400;  R.  I.,  474;  Tenn.,  491;  Tex., 
506;  Vt.,  522. 

—No  law  shall  restrain  any  of  the  inhabitant's  of  the 
State  from  assembling  together  in  a  peaceable  man- 
ner to  consult  for  their  common  good,  nor  from  in- 
structing their  representatives,  nor  from  applying  to 
the  General  Assembly  for  redress  of  grievances.  Ind., 
171. 

— The  people  have  a  right  to  assemble  together  in  a 
peaceable  manner,  to  consult  for  their  common  good, 


to  instruct  their  representatives,  and  to  petition  the 
General  Assembly  for  the  redress  of  grievances. 
Ohw,  432. 

— Although  disobedience  to  laws  by  a  part  of  the  peo- 
ple upon  suggestions  of  impolicy  or  injustice  in  them, 
tends  by  immediate  effect  and  the  influence  of  ex- 
ample, not  only  to  endanger  the  public  welfare  and 
safety,  but  also  in  governments  of  a  republican  form, 
contravenes  the  social  principles  of  such  governments 
founded  on  common  consent  for  common  good ;  yet 
the  citizens  have  a  right  in  an  orderly  manner  to  meet 
together,  and  to  apply  to  persons  intrusted  with  the 
povvei-s  of  government,  for  redress  of  grievances  or 
other  proper  purposes,  by  petition,  remonstrance  or 
address.     Dd.,  117. 

— The  right  of  the  people  to  appeal  to  the  courts,  to 
petition  government  on  all  matters  of  legitimate  cog- 
nizance and  peaceably  to  assemble  for  the  considera- 
tion of  any  matter  of  public  concern  shall  never  be 
impaired.     Oa.,  142. 


DIVORCES. 

— Divorces  from  the  bonds  of  matrimony  shall  not 
bo  gi'antcd,  but  in  the  cases  by  law  provided  for,  and 
by  suit  in  chancery,  but  decrees  in  chancery  for 
divorce  shall  be  final,  imless  appealed  from,  in  the 
manner  prescribed  by  law,  within  three  months  from 
the  date  of  the  enrollment  thereof  Ala.,  77. 
— The  General  Assembly  shall  not  have  power  to 
pass  any  bill  of  divorce,  but  may  prescribe  by  law  the 
manner  in  which  such  cases  may  be  investigated  in 
the  courts  of  justice,  and  divorces  granted.  Arh.,  87. 
— No  divorce  shall  be  granted  by  the  Legislature. 
Cal,  99;  Iowa,  186;  J/tcA.,  303;  Ifra.,  323 ;  N.  J., 
415;   Tex.,  516. 

— Divorces  from  the  bonds  of  matrimony  shall  not 
be  allowed  but  by  the  judgment  of  a  court,  as  shall 
be  prescribed  by  law.  Ft.,  140. 
— The  Superior  Court  shall  have  exclusive  jurisdic- 
tion in  all  cases  of  divorce,  both  total  and  partial; 
but  no  total  divorce  shall  be  granted  except  on  the 
concurrent  verdicts  of  two  special  juries.  In  each 
divorce  case,  the  court  shall  regulate  the  rights  and 
disabilities  of  the  parties.  Oa.,  148. 
— The  General  Assembly  shall  have  no  power  to 
grant  divorces,  but  may  authorize  the  courts  of  justice 
to  grant  them  for  such  causes  as  may  be  specified  by 
law ;  Provided,  That  such  laws  be  general  and  uni- 
form in  their  operation.  Ill,  154. 
— All  power  to  grant  divorces  is  vested  in  the  District 
Courts,  subject  to  regulation  by  law.  Kan.,  200. 
— The  General  Assembly  have  no  power  to  grant 
divorces,  to  change  the  names  of  individuals,  ordirect 
the  sales  of  estates  belonging  to  infants,  or  other  per- 
.sons  laboring  under  legal  disabilities,  by  special  legis- 
lation ;  but  by  general  laws  shall  confer  such  powers 
on  the  courts  of  justice.  Ki/.,  212. 
— The  Legislature  may  enact  general  laws  regulating 
the  adoption  of  children,  emancipation  of  minors, 
changing  of  names,  and  the  granting  of  divorces  ;  but 
no  special  laws  shall  be  enacted  relating  to  particular 
or  individual  cases.     La.,  234. 

— All  cau.ses  of  marriage,  divorce  and  alimony,  and 
all  appeals  from  the  Judges  of  Probate,  shall  be  heard 
and  determined  by  the  Governor  and  Council  until 
the  Legislature  shall,  by  law,  make  other  provision. 
Mass.,  290. 


23 

1  S  11.  The  people  of  this  State,  iu  their  right  of  sovereignty,  are  deemed  to 

2  possess  the  original  and  ultimate  property  in  and  to  all  lands  within  the  juris- 

3  diction  of  the  State ;  and  all  lands  the  title  to  which  shall  fail,  from  a  defect 

4  of  heirs,  shall  revert  or  escheat  to  the  people. 

1  S  12.  All  feudal  tenures  of  every  description,  with  all  their  incidents,  are 

2  declared  to  be  abolished,  saving,  however,  all  rents  and  services  certain  which 

3  at  any  time  heretofore  have  been  lawfully  created  or  reserved. 

1  S  13.  All  lands  within  this  State  are  declared  to  be  allodial,  so  that,  subjece 

2  only  to  the  liability  to  escheat,  the  entire  and  absolute  property  is  vested  in 

3  the  owners,  according  to  the  nature  of  their  respective  estates. 


1  S  14.  No  lease  or  grant  of  agricultural  land,  for  a  longer  period  than  twelve 

2  years,  hereafter  made,  in  which  shall  be  reserved  any  rent  or  service  of  any 

3  kind,  shall  be  valid. 


—Divorces  from  the  bonds  of  matrimony  shall  not  be 
granted,  but  in  cases  provided  for  by  law,  by  suit  in 
chancery.     Mm.,  343. 

— The^Legislalure  shall  never  authorize  any  lottery, 
or  grant  any  divorce.  Neb.,  373  ;  Wi-i.,  503. 
'-AH  causes  of  marriage,  divorce  and  alimony,  and 
all  appeals  from  the  respective  Judges  of  Probate, 
shall  be  heard  and  tried  by  the  Superior  Court,  until 
the  Legislature  shall  by  law  make  other  provision. 
K  11.,  408. 

— The  General  Assembly  shall  have  power  to  pass 
general  laws  regulating  divorce  and  alimony,  but 
shall  not  have  power  to  grant  a  divorce  or  secure 
alimony  in  any  indivilual  case.  N.  C,  428. 
— The  General  Assemljly  shall  grant  no  divorce,  nor 
exercise  any  judicial  power,  not  herein  expressly  con- 
ferred.    Ohio,  435. 

■ — ^The  Legislature  shall  not  have  power  to  enact  laws 
annulling  the  contract  of  marriage  in  any  case  where 
by  law,  the  courts  of  this  Commonwealth  are,  or 
hereafter  may  be,  empowered  to  decree  a  divorce. 
Pa.,  4G2. 

— The  Legislature  shall  have  no  power  to  grant 
divorcer,  but  may  authorize  the  courts  of  justice  to 
grant  them  for  such  causes  as  may  be  specified  by 
law ;  Provided,  That  such  laws  be  general  and  uni- 
form throughout  the  State.  Tenn.,  499. 
• — Tlie  General  Assembly  shall  confer  on  the  courts 
the  power  to  grant  divorces,  change  the  names  of 
persons,  and  direct  the  sale  of  estates  belonging  to 
infants  and  other  persons  under  legal  disabilities,  but 
shall  not,  by  special  legislation,  grant  relief  in  such 
cases,  or  in  any  other  case  of  which  the  courts  or 
other  tribunals  may  have  jurisdiction.      Va.,  539. 


LOTTERIES. 

[Lotteries  forbidden  in  Constitution  of  1821,  and 
sale  of  tickets  forbidden  except  of  lotteries  provided 
by  laws  then  existing],  p.  43  ;  R.  I.,  476 ;  (forbidden) 
JU.,  154;  Va.,  538;  W.  Va.,  557;  Ark.,  73;  O'll, 
99;  Iitd.,  181;  Joiua,  186;  Kan.,  200;  Md.,  263; 
Mich.,  303;  Min.,  323;  Mo.,  354;  Nev.,  343;  N.  J., 
415;   Ohio,U3;  Tenn.,  439;  Tex.,  576. 


— Lotteries  and  the  sale  of  lottery  tickets  for  any 
purpose  whatever  are  prohibited,  and  the  Legislative 
Assembly  shall  prevent  the  same  by  penal  laws. 
Or.,  458. 

— The  Legislature  shall  have  the  power  to  license  the 
selling  of  lottery  tickets  and  the  keeping  of  gambling 
houses;  said  houses  in  all  cases  shall  be  on  the  first 
floor,  and  kept  with  open  doors;  but  in  all  cases  not 
less  tlian  ten  thousand  dollars  per  annum  shall  be 
levied  as  a  license  or  tax  on  each  vendor  of  lottery 
tickets,  and  on  each  gambling  house,  and  five  hundred 
dollars  on  each  tombola.     La.,  234. 


PUBLIC    LANDS  — TENURE     OP    LANDS  — 
LEASES— EMINENT  DOMAIN. 

[Limitation  of  leases  of  agricultural  lands  in  Mich- 
igan to  twelve  years],    p.  314. 

[The  Constitution  of  1821  pledged  the  public  lands 
as  a  perpetual  fund,  the  interest  of  which  was  to  be 
inviolably  devoted  to  schools],  p.  42. 
— All  the  lands  within  this  State  are  declared  to  be 
allodial,  and  feudal  tenures  of  every  description,  with 
all  their  incidents,  are  prohibited.  Leases  and  grants 
of  agricultural  land  for  a  longer  period  than  twenty- 
one  years,  hereafter  made,  in  which  shall  be  reserved 
any  rent  or  service  of  any  kind,  shall  be  void.  Min. 
320. 

— .\11  lands  within  the  State  are  declared  to  be  allo- 
dial, and  feudiil  tenures  are  prohibited.  Leases  and 
grants  of  agricultural  land,  for  a  longer  term  than 
fifteen  years  in  which  rent  or  service  of  any  kind 
shall  be  reserved,  and  all  fines  and  like  restraints  upon 
alienation,  reserved  in  any  grant  of  land,  hereafter 
made,  are  declared  to  be  void.  IRs.,  560. 
— That  no  purchase  of  lands  shall  be  made  of  the 
Indian  natives,  but  on  behalf  of  the  public,  by 
authority  of  the  General  Assembly.  N.  C.,  426. 
— The  people  of  the  State  in  their  right  of  sov- 
ereignty, are  declared  to  possess  the  ultimate  property 
in  and  to  all  lands  within  the  jurisdiction  of  the 
State  ;  and  all  lands  the  title  to  which  shall  fail  from 
defect  of  heirs,  shall  revert  or  escheat  to  the  people. 
Neb.,  376 ;    Wis.,  568. 


24 


1  S  15'  -^^1  flues,  quarter  sales,  or  other  like  restraints  upon  alienation,  reserved 

2  in  any  grant  of  laud  hereafter  to  be  made,  shall  be  void. 


—  No  entry  by  warrant  on  land  in  this  State  sliall  bo 
hereafter  made  ;  ar.d  in  all  cases  where  an  entry  has 
been  heretofore  made  and  has  been  or  shall  be  so 
perfected  as  to  entitle  tlie  locator  to  a  grant,  the 
Legislature  shall  make  provision  by  law  for  issuing 
the  same.     W.  To.,  550. 

— Tlie  State  shall  have  concurrent  jurisdiction  on  all 
rivers  and  lakes  bordering  on  this  State,  so  fiir  as 
such  rivers  or  lakes  shall  form  a  common  boundary 
to  tlie  State  and  any  other  State  or  Territory,  now 
or  hereafter  to  be  formed  and  bounded  by  the  same. 
And  the  river  and  the  navigable  waters  leading  into 
the  same,  shall  be  common  highways,  and  forever 
free  as  well  to  the  inhabitants  of  the  State  as  to  tlie 
citizens  of  the  United  States,  without  any  tax,  impost 
or  duty  therefor.  Wis.,  568 ;  (nearly  similar),  Neb., 
37f.. 

— No  navigable  stream  in  this  State  shall  be  either 
bridged  or  dammed  without  authority  from  the 
Board  of  Supervisors  of  the  projier  county,  under 
the  provisions  of  law.  No  such  law  shall  prejudice 
the  right  of  individuals  to  the  free  navigation  of  such 
streams,  or  preclude  the  State  from  the  furtlier 
improvement  of  the  navigation  of  such  stream. 
Mis-i.,  314. 

[Pre-emption  and  other  rights  secured  to  certain 
classes].     Tenn.,  492,  500. 

— In  the  event  of  the  annexation  of  any  foreign 
territory  to  this  State,  the  General  Assembly  shall 
enact  laws,  extending  to  the  inhabitants  of  the 
acquired  territory  all  the  rights  and  privileges  which 
may  be  required  by  the  terms  of  the  acquisition ; 
anytliing  in  this  Constitution  to  the  contrary  not- 
withstanding. A!a.,  78;  Ark.,  93. 
— That  the  General  Assembly  may  at  any  time  cede 
to  the  United  States  government  a  sulTicient  parcel 
or  fraction  of  land  for  the  purpose  of  coast  defense 
and  other  national  purposes.  Fl.,  138. 
— It  shall  be  the  duty  of  the  General  Assembly  to 
provide  for  tlie  prevention  of  waste  and  damage  to 
the  public  lands,  that  may  be  hereafter  ceded  to  the 
State,  and  it  may  pass  laws  for  the  sale  of  any  part 
or  portion  thereof;  and,  in  such  cases,  provide  for 
the  safety,  security,  and  appropriation  of  the  pro- 
ceeds, but  in  no  wise  to  affect  the  purposes  for  which 
said  lands  have  been  heretofore  appropriated.  Fl,  138. 
— The  following  grounds,  owned  by  the  State,  in 
Indianapolis,  namely :  the  State  Ilovise  Square,  the 
Governor's  Circle,  and  so  much  of  out  lot  numbered 
one  hundred  and  forty-seven  as  lies  north  of  the 
arm  of  the  central  canal,  shall  not  be  sold  or  leased. 
Ind.,  181. 

— It  shall  be  the  duty  of  the  General  Assembly  to 
provide  for  the  permanent  inclosure  and  preservation 
of  the  Tippecanoe  battle-ground.  Ind.,  181. 
— Persons  residing  on  Indian  lands  within  the  State, 
shall  enjoy  all  the  rights  and  privileges  of  citizens,  as 
though  they  lived  in  any  other  portion  of  the  State, 
and  shall  be  subject  to  taxation.  J/t'n.,  329. 
— The  title  to  all  lands  and  other  property,  which 
have  accrued  to  the  Territory  of  Nebraska,  by  grant, 
gift,  purchase,  forfeiture,  escheat,  or  otherwise,  shall 
vest  in  the  State  of  Nebraska.  Neb.,  376. 
— There  shall  be  one  general  land  office  in  the  State, 
which  sh.iU  be  at  the  seat  ol  government,  where  all 
titles  which  have  heretofore  emanated,  or  may  here- 
after emanate  from  government,  shall  be  registered ; 
and  the  Legislature  may  establish,  from  time  to  time, 
such  subordinate  officers  as  they  may  deem  requisite. 
Tex.,  520. 

— That  the  State  of  Texas  hereby  releases  to  the 
owner  of  the  soil  all  mines  and  mineral  substances 
that  may  be  on  the  same,  subject  to  such  uniform 
rate  of  taxation  as  the  Legislature  may  impose.  All 
islands  along  the  gulf  coast  of  the  State,  not  now 
patented  or  appropriated  by  locations  under  valid 
land  certificates,  are  reserved  from  location  or  appro- 


priated (appropriations)  in  any  other  manner  by- 
private  individuals  than  as  the  Legislature  may  direct. 
Tex.,  518. 

— All  certificates  for  head-right  claims  to  land,  i.ssued 
to  fictitious  persons,  or  which  were  forged,  and  all 
locations  and  surveys  tliereon,  are,  and  the  same 
were  null  and  void  from  the  beginning. 
— Tliere  shall  be  a  Commissioner  of  the  Land  Office, 
elected  by  the  qualified  voters  of  the  State,  on  the 
Tuesday  after  the  first  Monday  in  the  month  of 
November,  in  the  year  eighteen  hund.iod  and  seventy, 
and  on  the  same  day  in  every  si.xtli  year  thereafter, 
who  shall  hold  his  office  for  the  term  of  six  years 
from  tlie  first  Monday  in  January  ensuing  his  elec- 
tion. The  returns  of  said  election  shall  be  made  to 
the  Governor,  and  in  the  event  of  a  tie  between  two 
or  more  candidates,  the  Governor  shall  direct  a  new 
election  to  be  held,  by  writs  to  the  Sheriffs  of  the 
several  counties,  and  of  the  city  of  Baltimore,  who 
shall  hold  said  election  after  at  least  twenty  days' 
notice,  exclusive  of  the  day  of  election.  lie  shall 
peaform  such  duties  as  are  now  required  of  the  Com- 
missioner of  tlie  Land  Office,  or  such  as  may  hereafter 
be  prescribed  by  law,  and  shall  also  be  the  keeper  of 
the  chancery  records.  lie  shall  receive  a  salary 
of  two  thousand  dollars  per  annum,  to  be  paid  out  of 
tlie  treasury,  and  shall  charge  such  fees  as  are  now 
or  may  be  hereafter  fixed  by  law.  He  shall  make  a 
semi-annual  report  of  all  the  fees  of  his  olfice,  both 
as  Commissioner  of  the  Land  Office  and  as  Keeper 
of  the  Chancery  Records,  to  the  Comptroller  of  tlie 
Treasury,  and  shall  pay  the  same  semi-annually  into 
the  treasury.  In  case  of  vacancy  in  such  office  by 
death,  resignation  or  other  cause,  the  Governor  shall 
fill  such  vacancy  until  the  next  general  election  for 
members  of  the  General  Assembly  tliereafter,  when 
a  Commissioner  of  the  Laud  Office  shall  bo  elected 
for  the  full  term  of  six  years  ensuing.  Md.,  273. 
— No  lease  or  grant  of  agricultural  lands,  reserving 
any  rent,  or  service  of  any  kind,  shall  be  valid  for  a 
longer  period  than  twenty  years.  Iowa,  184. 
—None  of  the  lands  granted  by  Congress  to  the 
State  of  Louisiana  for  aiding  in  constructing  the  ne- 
cessary levees  and  drains,  to  reclaim  the  swamp  and 
overflowed  lands  of  the  State,  shall  be  diverted  from 
the  purposes  for  which  thoy  were  granted.  La.,  235. 
— All  lands  in  this  State  heretofore  vested  in  tho 
State  by  forfeiture,  or  by  purchase  at  the  sheriff's 
sales  for  delinquent  taxes,  and  not  released  or  exone- 
rated by  the  laws  thereof,  or  by  tho  operation  of  tho 
preceding  section,  may  be  redeemed  by  the  former 
owners  by  payment  to  this  State  of  the  amount  of 
taxes  and  damages  due  thereon  at  the  time  of  such 
redemption,  within  five  years  from  the  day  this  Con- 
stitution goes  into  operation;  and  all  such  lands  not 
so  released,  exonerated  or  redeemed,  shall  be  treated 
as  forfeited,  and  proceeded  against  and  sold  as  pro- 
vided.    IF.  Va.,  557. 

— Tho  former  owner  of  any  tract  of  land  in  this 
State  sold  under  the  provisions  of  this  article  shall  be 
entitled  to  receive  the  excess  of  the  sum  for  which 
such  tract  may  be  sold  over  the  taxes  and  damages 
charged  and  chargeable  thereon,  and  the  costs,  if  his 
claim  be  filed  in  tho  Circuit  Court  which  decreed  the 
sale,  within  two  years  tl>ereafter.  W.  Va.,  557. 
— The  Legislature  shall  have  power  to  extend  this 
Constitution  and  tho  jurisdiction  of  this  State  over 
any  territory  acquired  by  compact  with  any  State, 
or  with  the  United  States,  the  same  being  done  by 
consent  of  the  United  States.     La.,  235. 


PERPETUITIES— MONOPOLIES. 

— That  perpetuities  and  monopolies  are  contrary  to 
tho  genius  of  a  republic,  and  shall  not  be  allowed ; 
[A^  C,   422;   Tenn.,  491],   nor  shall  any  hereditary 


1  §16.  Ko  purchase  or  contract  for  the  sale  of  lands  in  this  State,  made  since 

2  the  fourteenth  day  of  October,  one  thousand  seven  hundred  and  seventy-five, 

3  or  which  may  hereafter  be  made,  of,  or  with  the  Indians,  shall  be  valid,  unless 

4  made  under  the  authority  and  with  the  consent  of  the  Legislature. 

1  §  17.  Such  parts  of  the  common  law,  and  of  the  acts  of  the  Legislature  of 

2  the  colony  of  New  York,  as  together  did  form  the  law  of  the  said  colony,  on 

3  the  nineteenth  day  of  April,  one  thousand  seven  hundred  atul  seventy-five, 

4  and  the  resolutions  of  the  Congress  of  the  said  colony,  and  of  the  Convention 

5  of  the  State  of  New  York,  in  force  on  the  twentieth  day  of  April,  one  thou- 

6  sand  seven  hundred  and  seventy-seveu,(')  which  have  not  since  expired,  or  been 

7  repealed  or  altered,  and  such  acts  of  the  Legislature  of  this  State  as  are  now 

8  in  force,  shall  be  and  continue  the  law  of  this  State,  subject  to  such  alterations 

9  as  the  Legislature  shall  make  concerning  the  same.    But  all  such  parts  of  the 

10  common  law,  and  such  of  the  said  acts  or  parts  thereof  as  are  repugnant  to 

11  this  Constitution  are  hereby  abrogated,f)  and  the  Legislature,  at  its  first  session 


emoluments,  privileges  or  honors,  ever  be  granted  or 
conferred  in  tliis  State.     Ark.,  84:;  FL,  130. 
— Nor  shall  the  law  of  primogeniture  or  entailments 
ever  be  in  force  in  this  State.     Tex,  506. 
— That  monopolies  are  odious,  contrary  to  the  spirit 
of  a  free  government  and  the  principles  of  commerce, 
and  ought  not  to  be  suffered.     Md.,  250. 
— That  no  hereditary  emoUimcMts,  privileges  or  honors, 
Bhall  ever  be  gi-anted  or  conferred  in  this  State.  Miss., 
335;   Ohio,  433;   Term.,  4!)-2. 

— That  no  title  of  nobility,  or  hereditary  emolument, 
privilege,  or  distinction,  can  be  granted,  ilo.,  348. 
— No  law  shall  be  pasijed  granting  to  any  citizen,  or 
class  of  citizens,  privileges  or  immunities  which,  upon 
the  same  terms,  shall  not  equally  belong  to  all  citi- 
zens.    Or.,  448. 

— The  rights  of  primogeniture  shall  not  be  re-estab- 
lished, and  there  shall  not  fail  to  be  some  legislative 
provision  for  the  equitable  distribution  of  the  estates 
of  intestates.     S.  C,  488. 

— No  perpetuities  shall  be  allowed,  except  for  elee- 
mo.synary  purpose.     Cal,  104;   Ner.,  392. 
— That   the   future   Legislature   of   this  State  shall 
regulate  entails,  in  such  a  manner  as  to  prevent  per- 
petuities,    N.  0.,  420 ;   Vi.,  52G. 


RIGHTS  OF  ALIENS. 

(1).  N.  Y.,  (1821)  4.3. 
— No  distinction  shall  ever  be  made  between  citizens 
and  aliens  in  reference  to  the  purchase,  enjoyment,  or 
descent  of  property.  Kan.,  197  ;  Neb.,  371 ;  Wii.,  5G0. 
—Foreigners  who  ai-e,  or  who  may  hereafter  become 
hcmafide  residents  of  this  State,  shall  enjoy  the  same 
rights  in  respect  to  the  possession,  enjoyment,  and 
inheritance  of  property,  as  native  born  citizens.  Out, 
J7;  /owa,  184;  JVei>.,  380;  Mc;i,314. 
— White  foreigners,  wlio  are  or  may  hereafter  become 
residents  of  tiiis  State,  shall  enjoy  tlie  same  rights  in 
•aspect  to  tlie  possession,  enjoyment  and  descent  of 
property  as  native-born  citizens.  And  the  Legislative 
Assembly  shall  have  power  to  restrain  and  regulate 
the  immigration  to  this  State  of  persons  not  qualified 
to  become  citizens  of  the  United  States.     Dr.,  448. 


CONTINUANCE  OP  LAWS  AND  GR.4NTS. 

(I).  On  this  day  the  first  Constitution  went  into 
operation. 

(2).  Thus  far  in  the  Constitution  of  1821,  p.  43; 
sub.>Jt,anlially  embraced  in  Constitution  of  1777,  31. 
— All  laws  wliicli,  on  the  (irst  day  of  June,  one  thou- 
sand seven  hundred  and  ninety-two,  were  in  force  in 
the  State  of  Virginia,  and  which  are  of  a  general 
nature,  and  not  local  to  that  Stale,  and  not  repugnant 
to  tliis  Constitution,  nor  to  the  Laws  which  have  been 
enacted  by  the  General  A.ssembly  of  this  Common- 
wealth, shall  be  in  force  within  this  State,  until  ihey 
shall  be  altered  or  repealed  by  the  General  .\.'Jsembly. 
— All  laws  and  parts  of  liwsin  force  in  the  Territory 
at  the  time  of  the  acceptance  of  this  Constitution  by 
Congress,  not  inconsistent  with  this  Constitution, 
shall  continue  and  remain  in  full  force  until  they 
expire  or  shall  be  repealed.  Kan,'li)\;  W'/.'!,571. 
— All  laws  now  in  force  in  this  State,  and  not  repug- 
nant to  this  Constitution,  shall  remain  and  be  in  force, 
until  altered  or  repealed  by  the  Legislature  or  shall 
expire  by  tlieir  own  limitation.  Me,  'J-19;  Tern.,  419. 
— All  .statute  laws  of  this  StaU;  now  in  force,  not 
inconsistent  with  this  Constitution,  shall  continue  ia 
fo-ce  untd  they  shall  expire  by  their  own  limitation, 
or  be  amended  or  repealed  by  the  General  As.semhly ; 
and  all  writs,  prosecutions,  actions,  and  causes  of 
action,  except  as  hennn  or  otherwise  provided,  shall 
continue;  and  all  indi^'tment-s  which  .shall  have  been 
found,  or  may  hereafter  \m;  found,  (or  any  crime  or 
oQen.se  committed  before  this  (Jonsti  ution  takes  effect, 
may  be  proceeded  upon  as  if  no  change  had  taken 
place,  except  as  hereinidter  specified.  Mn..  302. 
— All  laws  in  force  in  the  Teiritory  of  Oregon  when 
the  Constitution  takes  efTect,  and  consistent  there- 
with shall  continue  in  f  irce  until  altered  or  repealed. 
Or,  4(;0. 

— .\11  the  laws  of  this  State  existing  at  the  time  of 
making  this  Con-titution,  and  not  inconsistent  with 
it,  shall  remain  in  force,  unless  they  shall  be  altered 
by  future  laws;  and  all  actions  and  prosecutions  now 
pending  shall  proceed  as  if  this  ConstiVillia  hid  not 
been  made.     Del,  125. 


26 


12  after  the  adoption  of  this  Constitution,  shall  appoint  three  Commissioners, 

13  whose  duty  it  shall  be  to  reduce  into  a  written  and  systematic  code  the  whole 

14  body  of  the  law  of  this  State,  or  so  much  and  such  parts  thereof  as  to  the  said 

15  Commissioners  shall  seem  practicable  and  expedient.    And  tlie  said  Commis- 
IG  sioners  shall  specify  such  alterations  and  amendments  therein  as  they  shall  deem 

17  proper,  and  they  shall  at  all  times  make  reports  of  their  proceedings  to  the 

18  Legislature,  when  called  upon  to  do  so;  and  the  Legislature  shall  pass  laws 

19  regulating  the  tenure  of  office,  the  filling  of  vacancies  therein,  and  the  com- 

20  pensation  of  the  said  Commissioners,  and  shall  also  provide  for  the  publication 

21  of  the  said  code,  prior  to  its  being  presented  to  the  Legislature  for  adoption. 


— All    fines,   penalties,   forfeitures,   obligations    and 

escheats,  heretofore  accruing  to  the  State  of , 

and  not  made  unlawful  by  the  Constitution  or  laws 
of  the  United  States,  shall  continue  to  accrue  to  the 
use  of  the  State.     Fl,  140. 

—The  General  Assembly  may  grant  aid  to  said  dis- 
tricts out  of  the  funds  arising  from  the  swamp  and 
overflowed  lauds,  granted  to  the  State  by  the  United 
States  for  that  purpose  or  otherwise.  La.,  236. 
— No  person  shall  be  prosecuted  in  any  civil  action  or 
criminal  proceeding,  for  or  on  account  of  any  act  by 
him  done,  performed,  or  executed,  after  the  first  day 
of  January,  one  thousand  eight  hundred  and  sixty- 
one,  by  virtue  of  military  authority  vested  in  him  by 
the  government  of  the  United  States,  or  that  of  this 
State,  to  do  such  act,  or  in  pursuance  of  orders  re- 
ceived by  him  from  any  person  vested  with  such 
authority  ;  and  if  any  action  or  proceeding  shall  have 
heretofore  been,  or  shall  hereafter  be,  instituted 
against  any  person  for  the  doing  of  any  such  act,  the 
defendant  may  plead  this  section  in  bar  thereof 
Me.,  360. 

— AH  the  laws,  which  have  heretofore  been  adopted, 
used  and  approved,  in  the  Province,  Colony  or  State 

of ,  and  usually  practiced  on  in  the  courts  of  law, 

shall  still  remain  and  be  in  full  force,  until  altered  or 
repealed  by  the  Legislature ;  such  parts  only  excepted 
as  are  repugnant  to  the  rights  and  liberties  contained 
in  this  Constitution.  Mass.,  293. 
— All  laws  which  have  heretofore  been  adopted,  used 
and  approved  in  the  province,  colony  or  State,  and 
usually  practiced  on  in  the  courts  of  law,  shall  remain 
and  be  in  full  force  until  altered  and  repealed  by  the 
Legislature,  such  parts  thereof  only  excepted,  as  are 
repugnant  to  the  rights  and  liberties  contained  in  this 
Constitution ;  Provided,  That  nothing  herein  con- 
tained, when  compared  with  the  twenty-third  article 
in  the  bill  of  rights,  shall  be  construed  to  affect  the 
laws  already  made  respecting  the  persons  or  estates 
of  absentees.     N.  H.,  410. 

— All  laws  of  this  State,  in  force  on  the  first  day  of 
September,  one  thousand  eight  hundred  and  fifty-one, 
and  not  inconsistent  with  this  Constitution,  shall 
continue  in  force  until  amended  or  repealed.  Ohio, 
444. 

— Nothing  contained  in  this  Constitution  shall  impair 
the  validity  of  any  debts  or  contracts,  or  affect  any 
rights  of  property,  or  any  8bits,  actions,  rights  of 
action,  or  other  proceedings  in  courts  of  justice. 
Tenn.,  499. 

— The  common  laws  and  statute  laws  now  in  force 
not  repugnant  to  this  Constitution,  shall  remain  in 
force  until  they  expiio  of  their  own  limitation,  or  be 
altered  or  repealed  by  the  Legi.^lature ;  and  all  writs, 
actions,  causes  of  action,  prosecution,  contracts, 
claims,  and  rights  of  individuals  and  of  bodies  corpo- 
rate, and  of  the  State,  and  all  charters  of  incorpora- 


tion, shall  continue,  and  all  indictments  which  shall 
have  been  found,  or  which  may  hereafter  be  found, 
for  any  crime  or  offense  committed  before  the  adop- 
tion of  this  Constitution,  may  be  proceeded  upon  as 
if  no  change  had  taken  place.  The  several  courts  of 
law  and  equity,  except  as  herein  otherwise  provided, 
shall  continue  with  the  like  powers  and  jurisdiction 
as  if  this  Constitution  had  not  been  adopted.  N.  J. 
420. 

— Such  parts  of  the  common  law  as  are  now  in  force 
in  the  Territory  of  Wisconsin,  not  inconsistent  with 
this  Constitution,  shall  be  and  continue  part  of  the 
law  of  this  State  until  altered  or  suspended  by  the 
Legislature.     Wk.,  575.  . 

— The  compact  with  the  State  of  Virginia,  subject  to 
such  alterations  as  may  be  made  thereiq  agreeably  to 
the  mode  prescribed  by  the  said  compact,  shall  be 
considered  as  part  of  this  Constitution.  Ky.,  220. 
[Corresponding  provisions  in  many  States,  with  refer- 
ence to  territorial  grants,  rights  and  privileges.] 
• — All  laws  of  force  in  this  State  at  the  adoption  of 
this  Constitution,  and  not  repugnant  hereto,  shall  so 
continue  until  altered  or  repealed,  except  where  they 
are  temporary,  in  which  case  they  shall  expire  at  the 
times  respectively  limited  for  their  duration,  if  not 
continued  by  act  of  the  General  Assembly.  S.  C, 
487. 

^The  laws,  public  records  and  the  judicial  and  legis- 
lative written  proceedings  of  the  State  shall  be  pro- 
mulgated, preserved,  and  conducted  in  the  language 
in  which  the  Constitution  of  the  United  States  is 
written.     La.,  233. 


REVISION  OF   THE  LAWS. 

— At  its  first  session,  after  the  adoption  of  this  Con- 
stitution, the  General  'Assembly  shall  appoint  not 
more  than  three  persons,  learned  in  the  law,  whose 
duty  it  shall  be  to  revise  and  arrange  the  statute  laws 
of  this  Commonwealth,  both  civil  and  criminal,  so  as 
to  have  but  one  law  on  any  one  subject;  and,  also, 
three  other  persons,  learned  in  the  law,  whose  duty 
it  shall  be  to  prepare  a  code  of  practice  for  the  courts, 
both  civil  and  criminal,  in  this  Commonwealth,  by 
abridging  and  simplifying  the  rules  of  practice  and 
laws  in  relation  thereto ;  all  of  whom  shall,  at  as  early 
a  day  as  practicable,  report  the  result  of  their  labors 
to  the  General  Assembly,  for  their  adoption  or  modi- 
fication.    Ky.,  221. 

— No  general  revision  of  the  laws  shall  hereafter  be 
made.  When  a  reprint  thereof  becomes  necessary' 
the  Legislature,  in  joint  convention,  shall  appoint  a 
suitable  person  to  collect  together  such  acts  and  parts 
of  acts  a.'sare  in  force,  and  without  alteration,  arrange 
them  under  appropriate  heads  and  titles.  The  laws 
so  arranged  shall  be  submitted  to  two  commissioners 


27 


1  §  18.  All  grants  of  laud  within  this  State,  made  by  the  king  of  Great 

2  Britain,  or  persons  acting  under  his  authority,  after  the  fourteenth  day  of 

3  October,  one  thousand  seven  hundred  and  seventy-five,  shall  be  null  and  void ; 

4  but  nothing  contained  in  this  Constitution  shall  affect  any  grants  of  land 

5  within  this  State,  made  by  the  authority  of  the  said  king  or  his  predecessors, 

6  or  shall  annul  any  charters  to  bodies  politic  or  corporate,  by  him  or  them  made 

7  before  that  day ;  or  shall  affect  any  such  grants  or  charters,  since  made  by 

8  this  State,  or  by  persons  acting  under  its  authority ;  or  shall  impair  the  obli- 

9  gation  of  any  debts  contracted  by  this  State,  or  individuals,  or  bodies  cor- 

10  porate,  or  any  other  rights  of  property,  or  any  suits,  actions,  rights  of  action, 

11  or  other  proceedings  in  courts  of  justice.(') 


appointed  by  the  Governor,  for  examination,  and  if 
certified  by  them  to  be  a  correct  compilation  of  all 
general  laws  in  force,  shall  be  printed  in  such  manner 
as  shall  be  prescribed  by  law.  Mich.,  314. 
— The  Legislature,  at  its  first  session  after  the  adop- 
tion of  this  Constitution,  shall  provide  for  the  appoint- 
ment of  three  commissioners,  whose  duty  it  shall  be 
to  inquire  into,  revise  and  simplify  the  rules  of  prac- 
tice, pleadings,  forms  and  proceedings,  and  arrange  a 
system  adapted  to  the  courts  of  record  of  this  State, 
and  report  the  same  to  the  Legislature,  subject  to 
their  modification  and  adoption ;  and  such  commis- 
sion shall  terminate  upon  the  rendering  of  the  report, 
unless  otherwise  provided  by  law.  Wis.,  567. 
— The  Legislature  shall  never  adopt  any  system  or 
code  of  laws  by  general  reference  to  such  system  or 
code  of  laws ;  but  in  all  cases  shall  specify  the  several 
provisions  of  the  laws  it  may  enact.  La.,  234. 
— It  shall  also  be  the  duty  of  the  General  Assembly, 
within  five  years  after  the  adoption  of  this  Constitu- 
tion, and  within  every  subsequent  period  of  ten  years, 
to  make  provision  by  law  for  the  revision,  digesting 
and  promulgation  of  all  the  public  statutes  of  this 
State,  both  civil  and  criminal.  Ala.,  77. 
— Within  five  years  after  the  adoption  of  this  Con- 
stitution, the  laws,  civil  and  criminal,  shall  be  revised, 
digested  and  arranged,  and  promulgated  in  such  man- 
ner as  the  General  Assembly  may  direct,  and  a  like 
revision,  digest  and  promulgation  shall  be  made 
within  every  subsequent  period  of  ten  years.  Ark., 
93;  nearly  similar,  Tex.,  516. 

— The  Legislature  shall,  as  soon  as  conveniently  may 
be,  provide  by  law  for  ascertaining  what  statutes  and 
parts  of  statutes  shall  continue  to  be  in  force  within 
this  State;  for  reducing  them  and  all  acts  of  the 
General  Assembly  into  such  order,  and  publishing 
them  in  such  manner,  that  thereby  the  knowledge 
of  them  may  be  generally  diffused ;  for  choosing 
Inspectors  and  Judges  of  elections,  and  regulating 
the  same  in  such  manner  as  shall  most  effectually 
guard  the  rights  of  the  citizens  entitled  to  vote ;  for 
better  securing  personal  liberty,  and  easily  and  speed- 
ily redressing  all  wrongful  restraints  thereof;  for 
more  certainly  obtaining  returns  of  impartial  juries; 
for  dividing  lands  and  tenements  in  sales  by  Sheriffs, 
where  they  will  bear  a  division,  into  as  many  parcels 
as  may  be  without  spoiling  the  whole,  and  for  adver- 
tising and  making  the  sales  in  such  manner,  and  at 
such  times  and  places  as  may  render  them  most  ben- 
eficial to  all  persons  concerned  ;  and  for  establishing 
schools,  and  promoting  arts  and  sciences.  Del ,  125. 
— The  General  Assembly,  at  its  first  session  after  the 
adoption  of  this  Constitution,  shall  provide  for  the 
appointment  of  three  Commissioners,  whose  duty  it 


shall  be  to  revise,  simplify  and  abridge  the  rules, 
practice,  pleadings  and  forms  of  the  courts  of  justice. 
And  they  shall  provide  for  abolishing  the  distinct 
forms  of  action  at  law,  now  in  use,  and  that  justice 
shall  be  administered  in  a  uniform  mode  of  pleading, 
without  distinction  between  law  and  equity.  And 
the  General  Assembly  may  also  make  it  the  duty  of 
said  Commissioners  to  reduce  into  a  systematic  code 
the  general  statute  law  of  the  State  ;  and  said  Com- 
missioners shall  report  the  result  of  their  labors  to  the 
General  Assembly,  with  such  recommendations  and 
suggestions  as  to  abridgment  and  amendment  as  to 
said  Commsssiouers  may  seem  necessary  or  proper. 
Provision  shall  be  made  by  law  for  filling  vacancies, 
regulating  the  tenure  of  office  and  the  compensation 
of  said  Commissioners.  Iiid.,  177. 
— The  Legislature  shall  provide  for  the  speedy  publi- 
cation of  all  strtute  laws  of  a  general  nature,  and 
such  decisions  of  the  Supreme  Court  as  it  may  deem 
expedient;  and  all  laws  and  judicial  decisions  shall 
be  free  for  publication  by  any  person  ;  Provided,  That 
no  judgment  of  the  Supreme  Court  shall  take  effect 
and  be  operative  until  the  opinion  of  the  court  in 
such  case  shall  be  filed  with  the  clerk  of  said  court. 
Nev.,  392. 

— The  Legislature,  in  cases  not  provided  for  in  this 
Constitution,  shall  prescribe  by  general  laws  the 
terms  of  office,  powers,  duties,  and  compensation  of 
all  public  officers  and  agents,  and  the  manner  in 
which  they  shall  be  elected,  appointed,  and  removed. 
W.  Va.,  548. 


(1)  Substantially  embraced  in  Constitution  of  1777. 
32.  Identical  with  §  15,  Article  VII,  Constitution  of 
1821.    p.  43. 


DUELING. 

— Any  citizen  of  this  State  who  may  hereafter  be 
engaged  either  directly  or  indirectly  in  a  duel,  either 
as  principal  or  accessory  before  the  fact,  shall  forever 
be  disqualified  from  holding  any  office  under  the 
Constitution  and  laws  of  this  State.  Iowa,  183. 
— [Oaths  concerning  dueling  requu:ed  of  public 
officers],     .ffy.,  219. 

— [Prohibitions  against  the  practice.]  Ala.,  77  ;  Ct., 
112; //id.,  171;  Z'an.,202;  Ky.,220;  Or.,  449 ;  Va., 
537  ;  W.   Va.,  548  ;    Wis.,  570. 


28 


FUNDAMENTAL     PRTNCIPLES  —  RESERVA- 
TION OF  RIGUTS. 

— A  frequent  recurrence  to  the  AindaTnental  princi- 
ples of  the  Constitution,  and  a  constant  adherence  lo 
those  of  piety,  jusiice,  moderation,  temperance, 
industry  and  frngality,  are  absolutely  necessary  to 
preserve  the  advantages  of  liberty,  and  to  maintain  a 
free  government.  Tlie  people  ought,  consequently, 
to  have  a  particular  atten  I  ion  to  all  tliose  principles, 
in  the  choice  of  their  ofScers  and  representatives; 
and  they  have  a  right  to  require  of  tlieir  lawgivers 
and  magistrates  an  exact  and  constant  observance  of 
them,  in  the  formation  and  execution  of  the  laws 
necessary  for  the  pood  administration  of  the  Com- 
monwealth. Ma.'!.'!.,  282  ;  N  B.,  4U\  ;  F<,523. 
— This  enumeration  of  certain  rights  shall  not  bo 
construed  to  deny  or  dispaiage  others  retained  by  the 
people,  [  n.  S.,  19].  and  to  guard  against  any  encroach- 
ment on  the  rights  hereby  retained,  or  any  transgres- 
sion of  any  of  the  high  powers  by  this  Constitution 
delegated,  we  declare,  that  everything  in  this  article 
is  excepted  out  of  the  general  powers  of  govern- 
ment, and  shall  forever  remain  inviolate,  and  that  all 
laws  contrary  thereto,  or  to  the  following  provisions, 
shall  be  void.  Ala,  74;  Tr7in..  nOO. 
— The  declaration  of  rights  hereto  prefixed,  is 
declared  to  be  a  part  of  the  Constitution  of  this 
State,  and  shall  never  be  violated  on  any  pretense 
whatever.     Tenn  ,  500. 

— To  guard  against  transgressions  of  the  high  powers 
■which  v\e  have  delegated,  we  declare,  that  every- 
thmg  in  this  article  is  excejited  out  of  the  general 
powers  of  government,  and  shall  forever  remain 
inviolate  ;  and  that  all  laws  contrary  thereto,  or  con- 
trary lo  this  Constitution,  shall  be  void.  Ay.,  224; 
Mie.1.,  SM  :   Tenn.,  500. 

— That  a  Irequent  recurrence  to  fundamental  princi- 
ples is  absolutely  neces.«ary  to  preserve  the  blessings 
of  liberty.  M.,  130;  HI,  160;  A':  C,  422. 
— The  powers  not  delegated  to  the  United  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  States, 
are  reserved  to  the  Slates  respectively,  or  to  the 
people.      V.  S.,  19. 

— No  law  shall  be  passed,  the  taking  eflfeet  of  which 
shall  be  made  to  depend  upon  any  authority,  except 
as  provided  in  this  Constitution.  Jnd,  171;  Or.,  448. 
— Provide!,  that  laws  locating  the  capital  of  the 
State,  locating  county  seats,  and  submitting  town 
and  city  corporate  acts  and  other  local  and  special 
laws,  may  take  effect  or  not,  upou  a  vote  of  the 
electors  interested.     Or ,  448. 

— That  no  free  government,  or  the  bh  ssings  of  liberty, 
can  be  preserved  to  any  people,  but  by  a  firm  adher- 
ence to  justice,  modenition,  temperance,  frugality, 
and  virtue,  and  by  a  frequent  recurrence  to  funda- 
mental principle.'!.  F((.,  532  ;  lF/.s,5(il;  A'' 6,  371. 
— Legislative  acts  in  violation  of  the  Constitution  are 
void,  and  the  judiciary  shall  so  declare  them.  Ga., 
142, 

— That  no  power  of  suspending  laws  or  the  execu- 
tion of  laws,  unities  by  or  derived  from  the  Legisla- 
ture, ought  to  be  exercised  or  allowed.  Md.,  254: 
ifis.i,  335. 

— The  power  of  su.=pending  the  laws,  or  the  execu- 
tion of  the  law.s,  ought  never  to  be  exercised  but  by 
the  Legislature  or  by  auihurity  derived  from  ii  to  be 
exercised  in  such  particular  cases  only  as  tlie  Legis- 
lature shall  expres  Iv  provide  for.     Mass,  282;  N.  C, 
422;  a;,//.,  400;   l>(.,  522;   Fa.  532. 
—  No  power  of  su.spending  laws  shall  be  exerc'.sed 
but  by  the  authority  of  the  Legislature.     Di-l,  117; 
(Similar  provisions)  Ind..   171;  La.,  233;  Me.,  240; 
OAt",  433;   0»-.,  448;  /"o.,  468;   TfeE,  506. 
— We   declare,   that    everything    in    this    article  is 
reserved   out  of  the  general  powers  of  government 
hereinafter  mentioned.     Det.,  117. 
— The   enumeration   in  the  Constitution  of  certain 
rights  shall   not  he  construed   to  deny  or  disparage 
others  retained  by  the  people       U.  S,  19. 
— This  enumeration  of  rights  shall  not  be  construed 
to  deny  or  disparage  otlieia  retained  by  the  people 


[Iowa,  184;  JTara.,  197;  Afrf.,  256;  Mn..  320;  Neh., 
371  ;  Aeu.,  380 ;  N.  J,  413  ;  Ohio,  433  ;  Or.,  445  ;  R. 
/.,  474 1,  and  to  guard  against  any  encroachments  on 
the  rights  herein  retained,  or  any  transgression  of 
any  of  the  higher  powers  herein  delegated,  we  declare 
that  everything  in  this  article  is  excepted  out  of  the 
general  powers  of  the  government,  and  shall  forever 
remain  inviolate;  and  that  all  laws  contrary  thereto, 
or  to  the  other  provisions  herein  contained,  shall  be 
void.     Ark,9ih;    Qa.,  143. 

— The  Legislature  shall  assemble  for  the  redress  of 
public  grievances;,  and  for  making  such  laws  as  the 
public  good  may  require.  A^.  //.,  4U0. 
— The  declaration  of  the  political  rights  and  privi- 
leges of  the  inhabitants  of  this  Slate,  is  hereby 
declared  to  be  a  part  of  the  Constitution  of  this  Com- 
monwealth, and  ought  not  to  be  violated  on  any 
pretense  whatsoever.      Vt...  527. 

— That  to  guard  against  transgressions  upon  the 
rights  of  the  people,  we  declare  that  everything  in 
this  article  is  excepted  out  of  the  general  powers  of 
government,  and  shall  forever  remain  inviolate  [Tex., 
507];  and  all  laws  to  the  contrary  thereto,  or  to  the 
following  provisions,  shall  be  void.  FL,  130;  (aualo- 
gous  provisions)  Pa.,  468.  * 


HOMESTEAD  EXEMPTIONS. 

— The  Legislature  shall  protect  by  law  from  forced 
sale  a  certain  portion  of  the  hom.'Stead  and  other 
propiirty  of  all  heads  of  families.  CaL,  104. 
— A  homestead  to  the  extent  of  one  hundred  and 
sixty  acres  of  farming  land,  or  of  one  acre  within 
the  limits  of  an  incorporated  town  or  city,  occupied 
as  a  residence  by  the  family  of  the  owner,  together 
with  all  the  improvements  on  the  same  shall  be 
exempted  fi-om  forced  sale  under  any  process  of  law, 
and  shall  not  be  alienated  without  the  joint  consent 
of  both  husband  and  wife,  when  that  relation  exists ; 
bu*  no  property  shall  be  exempt  from  sale  for  taxes, 
or  for  the  payment  of  obligatiims  contracted  for  the 
purchase  of  said  premises,  or  for  the  erection  of 
improvements  thereon;  Provided,  The  provisions 
of  this  section  shall  not  apply  to  any  process  of  law 
obtained  by  virtue  of  a  lien  given  by  the  consent  of 
both  husband  and  wife.  Kan  ,  206. 
• — Laws  shall  be  passed  by  the  General  Assembly  to 
protect  from  execution  a  reasonable  amount  of  prop- 
erty of  a  debtor,  not  exceeding  in  value  the  sum  of 
five  hundred  dollars.  Md.,  204. 
— The  per.sonal  property  of  every  resident  of  this 
State,  to  consist  of  such  property  only  as  shall  be 
designated  by  law,  shall  be  exempted  to  the  amount 
of  not  less  than  five  hundred  dollars  from  sale  on 
execution,  or  other  final  process  of  any  court,  issued 
for  the  collection  of  any  debt  contracted  after  the 
adoption  of  this  Constitution.  Mich.,  313. 
— Every  homestead  of  not  exceeding  forty  acres  of 
land,  and  the  dwelling  house  thereon,  and  the  appur- 
tenances to  be  selected  by  the  owner  thei  eof  and  not 
included  in  any  town  plat,  city,  or  village;  or  instead 
thereof,  at  the  option  of  the  owner,  any  lot  in  any 
city,  village,  or  recorded  town  plat,  or  such  parts  of 
l()t,-<  as  shall  be  equal  thereto,  and  the  dwelling-house 
thereon  and  its  appurtenances,  owned  and  occupied 
by  any  resident  of  the  State,  not  exceeding  in  value 
fifteen  hundred  dollar,'!,  shall  be  exempt  from  forced 
sale  on  execution,  or  any  other  final  process  from  a 
court  for  any  debt  contracted  after  the  adoption  of 
this  Constitution.  Such  exemption  shall  not  extend 
to  any  mortgage  thereon  lawfully  obtained;  but  such 
mortgage  or  other  alienation  of  such  land,  by  the 
owner  thereof,  if  a  married  man,  shall  not  be  valid 
without  the  signature  of  the  wile  to  the  same. 
Mich.,  313. 

— The  homestead  of  a  family,  after  the  death  of  the 
owner  thereof,  .«hall  be  exempt  fi-om  the  payment  of 
his  debt-s,  contracted  after  the  adoption  of  this  Con- 
stitution, in  all  cases,  during  the  minority  of  his 
children.     Mich.,  313. 


29 


— If  the  owner  of  a  homestead  die,  leaving  a  widow, 
but  no  children,  tlie  same  shall  be  exempt,  and  the 
rents  and  profits  thereof  shall  accrue  to  her  benefit 
during  the  time  of  her  widowhood,  unless  she  be  the 
owner  of  a  homestead  in  her  own  right.  Mich., 
313. 

— A  homestead  as  provided  by  law,  shall  be  exempt 
from  forced  sale  under  any  process  of  law,  and  shall 
not  be  alienated  without  the  joint  consent  of  husband 
and  wife  where  that  relation  exists ;  but  no  property 
shall  be  exempt  from  sale  for  taxes,  or  for  the  pay- 
ment of  obligations  contracted  for  the  purchase  of 
said  premises,  or  for  the  erection  of  improvements 
thereon ;  Provided,  The  provisions  of  this  section 
shall  not  apply  to  any  process  of  law  obtained  by 
virtue  of  a  lien  given  by  the  consent  of  both  liusband 
and  wife ;  and  laws  shall  be  enacted  providing  for 
the  recording  of  such  homestead  within  the  county 
in  which  the  same  shall  be  situated.  Nev.,  383. 
— The  homestead  of  a  family  not  to  exceed  two  hun- 
dred acres  of  land,  (not  included  in  a  town  or  city) 
or  any  town  or  city  lot  or  lots,  in  value  not  to  exceed 
two  thousand  dollars,  shall  not  be  subject  to  forced 
sale  for  any  debts  hereafter  contracted,  nor  shall  the 
owner,  if  a  married  man,  be  at  liberty  to  alienate 
the  same,  unless  by  the  consent  of  the  wife  in  such 
manner  as  the  Legislature  may  hereafter  point  out. 
Tex.,  516. 

— The  Legislature  shall  have  power  to  protect  by  law, 
from  forced  sale,  a  certain  portion  of  the  property  of 
all  heads  of  families.  Tex..,  510. 
— The  Legislature  shall  have  power  to  provide  by 
law  for  [exemption]  from  taxation,  two  hundred  and 
fifty-dollars'  worth  of  household  furniture,  or  other 
property  belonging  to  each  family  in  tliis  State. 
The.,  516. 

— All  property  used  exclusively  for  State,  county, 
municipal,  scientific,  religious,  benevolent,  and  chari- 
table purposes,  and  personal  property  to  the  amount 
of  at  least  two  hundred  dollars  for  each  family,  shall 
be  exempted  from  ta.xation.     Kan.,  214. 


PROPERTY  OP  MARRIED  WOMEN. 


— All  property,  both  real  and  personal,  of  the  wife, 
owned  or  claimed  by  marriage,  and  that  acquired 
afterward  by  gift,  devise,  or  descent,  shall  be  her 
separate  property ;  and  laws  shall  be  passed  more 
clearly  defining  the  rights  of  the  wife,  in  relation  as 
well  to  her  separate  property  as  to  that  held  in  com- 
mon with  her  husband.  Laws  shall  also  be  passed 
providing  for  the  registration  of  the  wife's  separate 
property.  Cai,  104 ;  A'eo.,  383;  Tex.,  516. 
— The  Legislature  shall  provide  for  the  protection  of 
the  rights  of  women  in  acquiring  and  possessing 
property,  real,  personal  and  mixed,  separate  and 
apart  from  the  husband ;  and  shall  also  provide  for 
their  equal  rights  in  the  possession  of  their  children. 
Kan.,  206. 

— The  General  Assembly  shall  pass  laws  necessary  to 
protect  the  property  of  the  wife  from  the  debts  of 
the  husband  during  her  life,  and  for  securing  the  same 
to  her  issue  after  her  death.  Md.,  266. 
— The  real  and  personal  estate  of  every  female, 
acquired  before  marriage,  and  all  property  to  which 
she  may  afterward  become  entitled,  by  gift,  grant, 
inheritance  or  devise,  shall  be  and  remain  the  estate 
and  property  of  such  female,  and  shall  not  be  liable 
for  the  debts,  obligations,  or  engagements  of  her  hus- 
band ;  and  may  be  devised  or  bequeathed  by  her  as 
if  she  were  unmarried.  Mich.,  313. 
— The  property  and  pecuniary  rights  of  every  married 
woman,  at  the  time  of  marriage,  or  afterward,  acquired 
by  gift  devise,  or  inheritance,  shall  not  be  subject  to 
the  debts  or  contracts  of  the  husband,  and  laws  shall 
be  passed  providing  for  the  registration  of  the  wife's 
separate  property.     Or.,  458. 

8 


MISCELLANEOUS  PROVISIONS. 

— The  State  shall  be  and  remain  one  of  the  United 
States  of  America.  The  Constitution  of  the  United 
States,  and  the  laws  and  treaties  made  in  pursuance 
thereof,  shall  be  the  supreme  law  of  the  land.  W. 
Va.,  546. 

— The  people  of  this  Commonwealth  have  the  sole 
and  exclusive  right  of  governing  themselves  as  a 
free,  sovereign  and  independent  State;  and  do,  and 
forever  hereafter  shall,  exercise  and  enjoy  every 
power,  jurisdiction  and  right,  which  is  not,  or  may 
not  hereafter  be  by  them  expressly  delegated  to 
the  United  States  of  America,  in  Congress  assembled. 
J/fm.,  280. 

—That  the  Legislature  sliall  pass  no  law  providing 
for  an  alteration,  change  or  abolishment  of  this  Con- 
stitution, except  in  the  manner  therein  prescribed  and 
directed.     Md.,  256. 

— Suits  may  be  brought  against  the  Commonwealth 
in  such  manner,  in  such  courts,  and  in  such  cases,  as 
the  Legislature  may,  by  law,  direct.  Pa.,  467. 
— All  civil  officers,  whose  authority  is  limited  to  a 
single  judicial  district,  a  single  election  district,  or  part 
of  either,  shall  be  appointed,  hold  their  office,  be  re- 
moved from  office,  and,  in  addition  to  liability  to 
impeachment,  may  be  punished  for  official  miscon- 
duct, in  such  manner  as  the  General  Assembly, 
previous  to  their  appointment,  may  provide.  8.  C., 
487. 

— No  person  shall  hold  or  exercise,  at  the  same  time, 
more  than  one  civil  office  of  trust  or  profit,  except 
that  of  Justice  of  the  Peace.  La.,  234. 
— The  Legislature  shall  pass  no  law  excluding  citizens 
of  this  State  from  office  for  not  being  conversant  with 
any  language  except  that  in  which  the  Constitution 
of  the  United  States  is  written.  La.,  235. 
— All  officers  elected  or  appointed  under  this  Consti- 
tution may  be  removed  fi-om  office  for  misconduct, 
incompetence,  neglect  of  duty,  or  other  causes,  in 
such  manner  as  may  be  prescribed  by  general  laws; 
and  unless  so  removed,  shall  continue  to  discharge  the 
duties  of  their  respective  offices,  until  their  successors 
are  elected  or  appointed  and  qualified.  W.  Va,  548. 
— The  Legislature  may  determine  the  mode  of  filling 
vacancies  in  all  offices  for  which  provision  is  not  made 
in  this  Constitution.     La.,  235. 

— No  mechanical  trade  shall  hereafter  be  taught  to 
convicts  in  the  State  prison  of  this  State,  except  the 
manufacture  of  those  articles,  of  which  the  chief 
supply  for  home  consumiition  is  imported  from  other 
States  or  countries.     Mich.,  314. 

— To  deter  more  effectually  from  the  commission  of 
crimes,  by  continued  visible  punishments  of  long 
duration,  and  to  make  sanguinary  punishments  less 
necessary,  means  ought  to  be  provided  for  punishing 
by  hard  labor,  those  who  shall  be  convicted  of  crimes 
not  capital,  whereby  the  criminal  shall  be  employed 
for  the  benefit  of  the  public,  or  for  the  reparation  of 
injuries  done  to  private  persons ;  and  all  persons,  at 
proper  times,  ought  to  be  permitted  to  see  them  at 
their  labor.      Vt.,  526. 

— The  Legislature  shall  not  pass  any  act  authorizing 
the  grant  of  license  for  the  sale  of  ardent  spirits  or 
other  intoxicating  liquors.  Mich.,  304. 
—Laws  may  be  passed  regulating  or  prohibiting  the 
sale  of  intoxicating  liquor  within  the  limits  of  this 
State.      IK  Va.,  558. 

— The  Legislature  shall  provide  by  law  that  the  fur- 
nishing of  fuel  and  stationery  for  the  use  of  the  State. 
Mich.,  303. 

— It  shall  be  the  duty  of  the  General  Assembly  at 
its  next  session,  and  from  time  to  time  thereafter  as 
it  may  deem  proper  to  enact  laws  prohibiting  the 
intermarri.ige  of  white  persons  with  negroes,  or  with 
persons  of  mixed  blood,  declaring  such  marriages  null 
and  void  ah  initio,  and  making  the  parties  to  any  such 
marriage  subject  to  criminal  prosecutions,  with  such 
penalties  as  may  be  by  law  prescribed.  Ala.,  77. 
— The  inhabitants  of  this  State  shall  have  liberty,  in 
seasonable  times,  to  hunt  and  fowl  on  the  lands  they 
hold,  and  on  other  lands  not  inclosed,  and  in  like 


30 


AETIOLE  II. 

1  Section'  1.  Every  male  citizen  of  the  age  of  twenty-oue  years  who  shall 

2  have  been  a  citizen  for  ten  days  and  an  inhabitant  of  this  State  one  year 

3  next  preceding  an  election,  and  for  the  last  four  months  a  resident  of  the 

4  connty  where  he  may  offer  his  vote,  shall  be  entitled  to  vote  at  such  election 

5  in  the  election  district  of  which  he  shall  at  the  time  be  a  resident,  and  not 

6  elsewhere,  for  all  officers  that  now  are  or  hereafter  may  be  elective  by  the 

7  people;  but  such  citizen  shall  have  been  for  thirty  days  next  preceding  the 

8  election,  a  resident  of  the  district  from  which  the  officer  is  to  be  chosen  for 

9  whom  he  offers  his  vote.    But  no  man  of  color,  unless  he  shall  have  been  for 

10  three  years  a  citizen  of  this  State,  and  for  one  year  next  preceding  any  eleo- 

11  tion,  shall  have  been  seized  and  possessed  of  a  freehold  estate  of  the  value  of 


manner  to  fish  in  all  boatable  and  other  waters  (not 
private  property),  under  proper  regulations  to  be 
hereafter  made  and  provided  by  the  General  Assem- 
bly.     VL,  527. 

— The  people  shall  continue  to  enjoy  and  freely  exer- 
cise all  the  rights  of  fishery,  and  privileges  of  the 
shore,  to  which  they  have  been  heretofore  entitled, 
under  the  charter  and  usages  of  this  State.  But  no 
new  right  is  intended  to  be  granted,  nor  any  existing 
right  impaired  by  this  declaration.  R.  I.,  473. 
— The  Legislature  is  forbidden  to  pass  any  laws  im- 
posing disabilities,  or  impairingcivil  rights,  on  account 
of  acts  done  in  late  rebellion.  S.  C,  489. 
— That,  for  redress  of  grievances,  and  for  amending 
and  strengthening  the  laws,  elections  ought  to  be 
often  held.     iV.  C,  422. 

— The  rate  of  interest  in  this  State  shall  not  exceed 
six  per  centum  per  annum,  and  no  higher  rate  shall 
be  taken  or  demanded  ;  and  the  General  Assembly 
shall  provide  by  law  all  necessary  forfeitures  and  pen- 
alties against  usury.     Md.,  265. 

— The  Legislature  shall  fix  the  rate  of  interest ;  and 
the  rate  so  established  shall  be  equal  and  uniform 
throughout  the  State.     Tfenn.,  499. 


QUALIFICATIONS  OF  ELECTORS  FORMERLY 
REQUIRED  IX  NEW  YORK  ASSEMBLY. 

— 1777.  That  every  male  inhabitant,  of  full  age, 
who  shall  have  personally  resided  within  one  of  the 
counties  of  this  State  for  six  months  immediately 
preceding  the  day  of  election,  shall  at  such  election 
be  entitled  to  vote  for  representatives  of  the  said 
county  in  Assembly;  if,  during  the  time  aforesaid  he 
shall  liave  been  a  freeholder,  possessing  a  freehold  of 
the  value  of  twenty  pounds,  within  the  said  county, 
or  have  rented  a  tenement  therein  of  tlie  yearly 
value  of  forty  shillings,  and  been  rated  and  actually 
paid  taxes  to  this  State :  provided,  always,  that  every 
person  who  now  is  a  freeman  of  the  city  of  Albany, 
or  who  was  made  a  freeman  of  the  city  of  New 
York,  on  or  before  the  fourteenth  day  of  October,  in 
the  year  of  our  Lord  one  thousand  seven  hundred 
and  seventy-five,  and  shall  be  actually  and  usually 
resident  in  the  said  cities  respectively,  shall  be  enti- 
tled to  vote  for  representatives  in  Assembly,  within 
his  said  place  of  residence.     P.  27. 


— [Senate  and  Governor.]  Freeholders  possessed  of 
freeholds  of  the  value  of  one  hundred  pounds  charged 
thereon.      P.  28. 

— 1821.  Every  male  citizen  of  the  age  of  twenty- 
one  years  who  shall  have  been  an  inhabitant  of  this 
State  one  year  next  preceding  any  election,  and  for 
the  last  six  months  a  resident  of  the  town  or  county 
where  he  may  offer  his  vote,  and  shall  have,  within 
the  year  next  preceding  the  election  paid  a  tax  to  the 
State  or  county  assessed  upon  his  real  or  personal 
property,  or  shall  by  law  be  exempted  from  taxation, 
or,  being  armed  and  equipped  according  to  law  shall 
have  performed  within  that  year  military  duty  in  the 
militia  of  this  State,  or  who  shall  be  exempted  from 
performing  militia  duty  in  consequence  of  being  a 
fireman  in  any  city,  town  or  village  in  this  State,  and 
also,  every  male  citizen  of  the  age  of  twenty-one 
years,  who  shall  have  been  for  three  years  next  pre- 
ceding such  election,  an  inhabitant  of  this  State,  and 
for  the  last  year  a  resident  in  the  town  or  county 
where  he  may  offer  his  vote,  and  shall  have  been, 
within  the  last  year  assessed  to  labor  upon  the  public 
highways,  and  shall  have  performed  the  labor,  or  paid 
an  equivalent  therefor,  according  to  law,  shall  be 
entitled  to  vote  in  the  town  or  ward  where  he  actually 
resides,  and  not  elsewhere,  for  all  officers  that  now 
are  or  hereafter  may  be  elective  by  the  people  ;  but 
no  man  of  color,  unless  he  shall  have  been  for  three 
years  a  citizen  of  this  State,  and  for  one  year  next 
preceding  any  election  shall  be  seized  and  possessed 
of  a  freehold  estate  of  the  value  of  two  hundred  and 
fifty  dollars,  over  and  above  all  debts  and  incum- 
brances charged  thereon  ;  and  shall  have  been 
actually  rated,  and  paid  a  tax  thereon,  shall  be 
entitled  to  vote  at  any  such  election.  And  no  person 
of  color  shall  be  subject  to  direct  taxation  unless  he 
shall  be  seized  and  possessed  of  such  real  estate  as 
aforesaid,    p.  37. 

[Property  qualification  abrogated  in  1826],  p.  45. 


QUALIFICATIONS     OF     AGE,    CITIZENSHIP 
AND  RESIDENCE. 

[Age  21,  ill  every  State  except  Delaware,  where  it 
is  22  years.] 

Citizen  of  United  States.  Ala.,  82  ;  Ark.,  82.,  Ct., 
Ill;  Fl.,  135;  Oa.,  149;  Ind ,  171;  Iowa,  184;  Ky., 
218;  Xa.,  227;  Me.,2i0;  JM,  256 ;  Miss.,  33G;  A fo., 


31 


12  two  hundred  and  fifty  dollars  over  and  above  all  debts  and  incumbrances 

13  charged  thereon,  and  shall  have  been  actually  rated  and  paid  a  tax  thereon, 

14  shall  be  entitled  to  vote  at  such  election.    And  no  person  of  color  shall  bo 

15  subject  to  direct  taxation  unless  he  shall  be  seized  and  possessed  of  such  real 

16  estate  as  aforesaid :     Provided,  that  in  time  of  war  no  elector  in  the  actual 

17  military  service  of  the  United  States,  in  the  army  or  navy  thereof,  shall 

18  be  deprived  of  his  vote  by  reason  of  his  absence  from  the  State,  and  the  Leg- 

19  islature  shall  have  power  to  provide  the  manner  in  which,  and  the  time  and 

20  place  at  which  such  absent  electors  may  vote,  and  for  the  canvass  and  returns 

21  of  their  votes  in  the  election  districts  in  which  they  respectively  reside  or 


22  otherwise. 

350;  Neb.,  373;  iVev.,  380;  N.  J.,  413;  N.  C,  428; 
Ohio,  438;  Or.,  448;  B.  I.,  474;  Term.,  495;  Tra., 
507  ;    TTVs.,  561. 

Citizen  of  U.  S.  2  years  after  naturalization,  if  of 
foreign  birth.     Afass.,  300. 

Citizen  of  State.     Gt.,  Ill;   Ga.,  149;    III,  162; 
Mich.,  307  ;    W.   Va.,  547. 
Citizen  of  State  2  years.     S.  C,,  48G. 
Residence  in  U.  S.  1  year.     325. 
Eesideuce  in  State 3  months,     ife.,  240 ;  Afich.,  308. 
do  do    4  months.     Minn.,  325. 

do  do    6  months.     CaZ.,  97 ;  /nd,  171; 

/ou»a,  184;  Kan.,  202;  iVe;;.  380;   Or.,  448. 

Residence  in  State  1  year.  Ala.,  82;  CL,  115; 
Del,  120;  Fl,  135;  III,  1C2  ;  La.,  227;  Md.,  256; 
Mass.,  294;  Miss.,  336;  Mo.,  350;  N.  J.,  413;  Ohio, 
438;  P«.,  404;  R.  /.,  474  ;  Tex.,  507;  FC,  525;  Va., 
633;  IV.T'a.,  567;  Ms.,  561.  If  formerly  a  resident 
of  State  6  months,  after  return  entitles  to  vote.  Pa., 
464. 

Residence  in  State  2  years.     Oa.,  149 ;  Ki/.,  218. 
do  do      time   to  be   provided   by   law. 

Neb.,  371. 

Residence  in  State  1  year  (if  alien)  after  declaring 
intentions  to  become  a  citizen.     Iiul,  171 ;  Mo.,  350; 
Or.,  448. 
Residence  in  State  2  years  (if  alien).     S.  C,  486. 
do  do      no  time  mentioned  after  decla- 

ration,    jl/mn.,  325  ;  Neh.,'il\.;    llw.,  561. 

Resident  in  county  1  month.     Del,  120 ;  Neb.,  380 ; 
W.  Va.,  547. 

Residence  in  the  county  2  months.  Iowa,  184 ; 
Mo.,  350. 

Residence  in  county  3  months.   Ah.,  82 ;  La.,  227. 
do  do       4  months.     Miss.,  336. 

do  do       5  months.     N.  J.,  413. 

do  do       6  months.      Fl,    135 ;     Oa., 

149;  J/c/.,  256;   Tenn.,4aa;   Tkc.,  507  ;    Fa.,  533. 
Residence  in  county  1  year.     Ky.,  212. 

do  do      time  to  be  fixed  bylaw.    Neb., 

371 ;   Ohio,  138. 

Residence  in  town  4  months.     Miss..  336. 

do  do     6  months.     O.,  Ill,  115;  i?. /., 

474;   Tex.,  507;    Va.,  533. 

Residence  in  town  —  time  to  be  fixed  by  law. 
Ohio,  438. 

Residence  in  district  10  days.  J/Jc/i.,  308  ;  Minn., 
325;  P«.,  404. 

Residence  in  district  30  days.  Cal,  97  ;  Kan.,  202 : 
Nev.,  380. 

Residence  in  district  6  months.  Fl,  135;  Oa., 
149;  Mass.,  294;  S.  C,  484;  Tex.,  507. 

Residence  in  district  1  year.     Ki/.,  218;  iV:  C,  428. 
do  do       time    to    be    fixed   by    law. 

Ohio,  438. 


QUALIFICATIONS  OF  ELECTORS. 


— Every  free  white  male  citizen,  of  the  age  of  twenty- 
one  years,  who  has  resided  in  the  State  two  years,  or 
in  the  county,  town  or  city,  in  which  he  offers  to  vote, 
one  year  next  preceding  the  election,  shall  be  a  voter; 
but  such  voter  shall  have  been,  for  sixty  days  next 
preceding  the  election,  a  resident  of  the  precinct  in 
which  he  offers  to  vote,  and  he  shall  vote  in  said  pre- 
cinct, and  not  elsewhere.  Ky.,  210. 
— Shall  have  paid,  by  himself,  master  or  guardian, 
any  State  or  county  tax,  which  shall,  within  two 
years  next  preceding  such  election,  have  been  assessed 
upon  him,  in  any  town  or  district  of  this  Common- 
wealth ;  and  also,  every  citizen  who  shall  be  by  law 
exempted  from  taxation,  and  who  shall  be  in  all  other 
respects  qualified  as  above  mentioned,  shall  have  a 
right  to  vote  in  such  election  of  Governor,  Lieuten- 
ant-Governor, Senators  and  Representatives  ;  and  no 
other  person  shall  be  entitled  to  vote  in  such  elections. 
Mass.,  294. 

— And  every  white  male  of  foreign  birth  of  the  age 
of  twenty-one  years  and  upwards,  who  shall  have 
resided  in  the  United  States  one  year,  and  shall  have 
resided  in  this  State  during  the  six  months  imme- 
diately preceding  such  election,  and  shall  have  declared 
his  intention  to  become  a  citizen  of  the  United  States, 
conformably  to  the  laws  of  the  United  States  on  the 
subject  of  naturalization,  shall  be  entitled  to  vote  in 
the  township  or  precinct  where  he  may  reside. 
Lid.,  171. 

— Every  white  male  inhabitant  residing  in  the  State 
on  the  twenty-fourth  day  of  June,  one  thousand 
eight  hundred  and  thirty-five ;  every  white  male 
inhabitant  residing  in  this  State  on  the  first  day  of 
January,  one  thousand  eight  hundred  and  fifty,  who 
has  declared  his  intention  to  become  a  citizen  of  the 
United  States,  pursuant  to  the  laws  thereof,  six  months 
preceding  an  election,  or  who  has  resided  in  this  State 
two  years  and  six  months,  and  declared  his  intention 
as  aforesaid.     Mich.,  307. 

— And  who  has  paid  all  taxes  assessed  to  him,  after 
the  adoption  of  this  Constitution,  under  the  laws  of 
the  Conmionwcalth  after  the  re-organization  of  the 
county,  city  or  town  where  he  offers  to  vote.  Va.,  533. 
— And  having  within  two  years  next  before  the  elec- 
tion paid  a  county  tax,  which  shall  have  been  assessed 
at  least  si.x  months  before  the  election,  shall  enjoy  the 
right  of  an  elector ;  and  every  free  white  male  citizen 
of  the  age  of  twenty-one  years,  and  under  the  age 
of  twenty-two  yeai-s,  having  resided  as  aforesaid, 
shall  be  entitled  to  vote  without  payment  of  any  tax. 
Del,  120. 


32 


— And  the  qualifications  of  electors  of  the  Governor 
shall  be  the  same  as  those  for  Senators ;  and  if  no 
person  shall  have  a  majority  of  votes,  the  Senate  and 
House  of  Kepresentatives  shall,  by  joint  ballot,  elect 
one  of  the  two  persons  having  the  highest  number  of 
votes,  who  shall  be  declared  Governor.  N.  II.,  405. 
— And  every  white  male  of  foreign  birth,  of  the  age 
of  twenty-one  years  and  upwards,  wlio  shall  have 
resided  in  the  United  States  one  year,  and  shall  have 
resided  in  this  State  during  the  six  months  imme- 
diately preceding  such  election,  and  shall  have  declared 
his  intention  to  become  a  citizen  of  the  United  States 
one  year  preceding  such  election,  conformably  to  the 
laws  of  the  United  States  on  the  subject  of  natural- 
ization, shall  be  entitled  to  vote  at  all  elections 
authorized  by  law.     Or.,  448. 

— A  plurality  oi'  the  votes  given  at  an  election  shall 
constitute  a  choice,  where  not  otherwise  directed  in 
this  Constitution.  Cat.,  105  ;  Neb.,  373  ;  Nev.,  392. 
— All  elections  ought  to  be  free  ;  and  all  the  inhabi- 
tants of  this  Commonwealth,  having  such  qualifica- 
tions as  they  shall  establish  by  their  frame  of  govern- 
ment, have  an  equal  right  to  elect  officers,  and  to  be 
elected  for  public  employments.  Mass.,  281 ;  N.  II., 
399. 

— All  elections  shall  be  free  and  equal.  Ark,  84; 
Dd.,  116;  lU.,  165;  Ind.,  171;  Ky.,  223;  Miss.,  347, 
N.  H.,  399  ;  Or.,  448  ;  Pa.,  467  ;  Ttnn.,  490 ;  Va.,  532. 
— All  elections  should  be  free  and  open.  Mo.,  347. 
—No  property  qualification  for  eligibility  to  office,  or 
for  the  right  of  suffrage  shall  ever  be  required  in  this 
State.     Fl,  129. 

— That  elections  of  members  to  serve  as  Representa- 
tives in  General  Assembly  ought  to  be  free.  N.  C, 
422. 

— Every  person  of  good  character,  who  comes  to 
settle  in  this  State,  having  first  taken  an  oath  or 
affirmation  of  allegiance  to  the  same,  may  purchase, 
or  by  other  means  acquire,  hold,  and  transfer  land, 
or  other  real  estate,  and  after  one  year's  residence 
shall  be  deemed  a  free  denizen  thereof,  and  entitled 
to  all  rights  of  a  natural  born  subject  of  this  State ; 
except  that  he  shall  not  be  capable  of  being  elected 
Governor,  Lieutenant-Governor.  Treasurer,  Council- 
lor, or  Representative  in  Assembly,  until  after  two 
years'  residence.     Vt.,  527. 

— Every  citizen  shall  be  entitled  to  equal  representa- 
tion in  the  government,  and  in  all  apportionments  of 
representation,  equality  of  numbers  of  those  entitled 
thereto  shall,  as  far  as  practicable,  be  preserved.  W. 
Va.,  546. 

— And  who  is  really  and  truly  po3sessed  in  his  own 
right  of  real  estate  in  such  town  or  city  of  the  value 
of  one  liundred  and  thirty-four  dollars,  over  and 
above  all  incumbrances,  or  which  shall  rent  for  seven 
dollars  per  annum,  over  and  above  any  rent  reserved, 
or  the  interest  of  any  incumbrances  thereon,  being 
an  estate  in  fee  simple,  fee  tail,  for  the  life  of  any 
person,  or  an  estate  in  reversion  of  remainder,  which 
qualifies  no  other  person  to  vote,  the  conveyance  of 
which  estate,  if  by  deed,  shall  have  been  recorded  at 
least  ninety  days,  shall  hereafter  have  a  right  to  vote 
at  the  election  of  all  civil  officers,  and  on  all  ques- 
tions in  all  legal  town  or  ward  meetings,  so  long  as 
he  continues  so  qualified.  And  if  any  person  herein- 
before described  shall  own  any  such  estate  within 
this  State,  out  of  the  town  or  city  in  which  he  resides, 
he  shall  have  a  right  to  vote  in  the  election  of  all 
general  officers  and  members  of  the  General  Assem- 
bly, in  the  town  or  city  in  which  he  shall  have  had 
his  residence  and  home  for  the  term  of  six  months 
next  preceding  the  election,  upon  producing  a  certifi- 
cate from  the  clerk  of  the  town  or  city  in  which  his 
estate  lies,  bearing  date  within  ten  days  of  the  time 
of  his  voting,  setting  forth  that  snch  person  has  a 
sufficient  estate  therein  to  qualify  him  as  a  voter,  and 
that  the  deed,  if  any,  has  been  recorded  ninety  days. 
iJ.  7,474.  '      ' 

—Every  male  citizen  of  the  United  States,  of  the  age 
of  twenty-one  years,  who  has  had  his  residence  and 
home  in  tliis  State  two  years,  and  in  the  town  or  city 
ia  which  he  may  offer  to  vote  six  months  next  pre- 


ceding the  time  of  voting,  whose  name  is  registered 
pursuant  to  the  act  calling  the  Convention  to  frame 
this  Constitution,  or  shall  be  registered  in  the  office  of 
the  clerk  of  such  town  or  city,  at  least  seven  days 
before  the  time  he  shall  offer  to  vote,  and  before  the 
last  day  of  December  in  the  present  year ;  and  who 
has  paid  or  shall  pay  a  tax  or  taxes,  assessed  upon 
his  estate  within  this  State,  and  within  a  year  of  the 
time  of  voting,  to  the  amount  of  one  dollar,  or  who 
shall  voluntarily  pay,  at  least  seven  days  before  the 
time  he  shall  offer  to  vote,  and  before  the  said  last 
day  of  December,  to  the  Clerk  or  Treasurer  of  the 
town  or  city  where  he  resides,  the  sum  of  one  dollar, 
or  such  sums  as,  with  his  other  taxes,  shall  amount 
to  one  dollar,  for  the  support  of  public  schools  therein, 
and  shall  make  proof  of  the  same,  by  the  certificate 
of  the  Clerk,  Treasurer,  or  Collector  of  any  town  or 
city  where  such  payment  is  made ;  or  who,  being  so 
registered,  has  been  enrolled  in  any  military  company 
in  this  State,  and  done  military  service  or  duty  therein, 
within  the  present  year,  pursuant  to  law,  and  shall 
(until  other  proof  is  required  by  law),  prove  by  the 
certificate  of  the  officer  legally  commanding  the  regi- 
ment, or  chartered,  or  legally  authorized,  or  volunteer 
company,  in  which  he  may  have  served  or  done  duty, 
that  he  has  been  equipped  and  done  duty  according 
to  law,  or  by  the  certificate  of  the  commissioners 
upon  military  claims,  that  he  has  performed  military 
service,  shall  have  a  right  to  vote  in  the  election  of 
all  civil  officers,  and  on  all  questions  in  legally  organ- 
ized town  or  ward  meetings,  until  the  end  of  the  first 
year  after  the  adoption  of  this  Constitution,  or  until 
the  end  of  the  year  eighteen  hundred  and  forty- 
three.     R.  /.,  474. 

— But  no  compulsory  process  shall  issue  for  the  col- 
lection of  any  registry  tax  ;  Provided.,  That  the  registry 
tax  of  every  person  who  has  performed  military  duty 
according  to  the  provisions  of  the  preceding  section, 
shall  be  remitted  for  the  year  he  shall  perform  such 
duty  ;  and  the  registry  tax  assessed  upon  any  mari- 
ner, for  any  year  while  he  is  at  sea,  shall,  upon  his 
application,  be  remitted ;  and  no  person  shall  be 
allowed  to  vote  whose  registry  tax  for  either  of  the 
two  years  next  preceding  the  time  of  voting  is  not 
paid  or  remitted,  as  herein  provided.  R.  I.,  475. 
— And  have  paid  all  taxes  which  may  have  been 
requifed  of  them,  and  which  they  have  had  an  oppor- 
tunity of  paying  agreeable  to  law,  for  the  year  pre- 
ceding the  election,  Oa.,  149. 
— No  property  qualification  shall  be  necessary  to  the 
holding  of  any  office  in  this  State,  except  the  office 
of  Senator  in  the  General  Assembly,  and  the  office  of 
Assessor,  Inquisitor  on  lands,  and  levy  Court  Com- 
missioner, and  except  such  oflices  as  the  General 
Assembly  shall  by  law  designate.  Del.,  125. 
— No  property  qualification  for  eligibility  to  office,  or 
for  the  right  of  suffrage,  shall  ever  be  required  by  law 
in  this  State.     Miss.,  335. 

— No  possession  of  a  freehold,  or  of  any  other  estate, 
shall  be  required  as  a  qualification  for  holding  a  seat 
in  either  branch  of  the  General  Court,  or  in  the  Ex- 
ecutive Council.     Ma.is.,  297. 

[Freehold  qualifications.]  N.  T.,  (1777),  27,  28; 
(1821),  37  ;  (abolished  in  1820,  p.  45).  Formerly  in 
Ct.,  $7,  annually  111;  N.  II.,  402;  N.  C,  50  acres, 
424. 

— [Property  qualification  without  regard  to  color.] 
N.  Y.  (1777),  27. 

— [Residence  in  State  at  time  of  adoption  of  Consti- 
tution, gives  right  to  vote,]  Mich.,  307. 
— And  within  two  years  paid  a  State  or  county  tax, 
which  shall  have  been  assessed  at  least  ten  days  before 
the  election,  shall  enjoy  the  rights  of  an  elector.  But 
a  citizen  of  the  United  States,  who  had  previously 
been  a  qualified  voter  of  this  State,  and  removed 
therefrom  and  returned,  and  who  shall  have  resided 
in  the  election  district,  and  paid  taxes  as  aforesaid, 
shall  be  entitled  to  vote,  after  residing  in  the  State 
six  months ;  Provided,  That  white  freemen,  citizens 
of  the  United  States,  between  the  ages  of  twenty- 
one  and  twenty-two  years,  and  having  resided  in  the 
State  one  year,  and  in  the  election  district  ten  days  , 


33 


as  aforesaid,  shall  be  entitled  to  vote,  although  they 
shall  not  have  paid  taxes.  Pa.,  446. 
— White  male  citizens  of  Mexico  at  time  of  treaty  of 
1848,  who  have  elected  to  become  citizens  of  the 
United  States,  declared  electors.  Vol.,  07. 
— That  all  elections  ought  to  be  free,  and  without 
corruption,  and  that  all  freemen,  having  a  sufficient 
evident  common  interest  with  and  attachment  to  the 
community,  have  a  right  to  elect  and  be  elected  to 
office,  agreeably  to  the  regulations  made  in  this  Con- 
stitution.     VI.  521. 

— Must  be  taxpayer  two  years.  Del.,  120 ;  within 
two  years,  Pa.,  454  ;  not  specific,  Oa.,  149  ;  Mass., 
294;  N.  a,  424. 

— No  property  qualification  for  eligibility  to  office,  or 
for  the  right  of  sufl'rage,  shall  ever  be  required  in  this 
State.     Fl,  129. 

— That  the  right  of  the  people  to  participate  in  the 
Legislature  is  the  best  security  of  liberty  and  the 
foundation  of  all  free  government;  for  this  purpose 
elections  ought  to  be  free  and  frequent,  and  every 
free  white  male  citizen  having  the  qualifications  pre- 
scribed by  the  Constitution,  ought  to  have  the  right 
of  suffrage.     Md.,  254. 

— No  person  shall  be  eligible  to  any  civil  office,  (ex- 
cept the  office  of  school  committee),  unless  he  be  a 
qualified  elector  for  such  office.     R.  I.,  479. 

-From  and  after  that  time,  every  such  citizen,  who 
has  had  the  residence  herein  required,  and  whose 
name  shall  be  registered  in  the  town  where  he  resides, 
on  or  before  the  last  day  of  December  in  the  year 
next  preceding  the  time  of  his  voting,  and  who  shall 
show  by  legal  proof  that  he  has  for  and  within  the 
year  next  preceding  the  time  he  shall  offer  to  vote, 
paid  a  tax  or  taxes  assessed  against  him  in  any  town 
or  city  in  this  State,  to  the  amount  of  one  dollar;  or 
that  he  has  been  enrolled  in  a  military  company  in 
this  State,  been  equipped  and  done  duty  therein, 
according  to  law,  and  at  least  for  one  day  during  such 
year,  shall  have  a  i-ight  to  vote  in  the  election  of  all 
civil  officers,  and  on  all  questions  in  all  legally  organ- 
ized town  or  ward  meettngs.  R.  I.,  475. 
— All  persons  who  have  been  or  shall  hereafter, 
previous  to  the  ratification  of  this  Constitution,  be 
admitted  freemen,  according  to  the  existing  laws  of 
this  State,  shall  be  electors.  Gt,  1 1 1. 
— Every  white  male  citizen  of  the  United  States,  and 
every  white  male  person  of  foreign  birth  who  may 
have  declared  his  intention  to  become  a  citizen  of  the 
United  States,  according  to  law,  not  less  than  one 
year  nor  more  than  five  years  before  he  offers  to  vote, 
who  is  over  the  age  of  twenty-one  years,  who  is  not 
disqualified  by  or  under  any  of  the  provisions  of  this 
Constitution,  and  who  shall  have  complied  with  its 
requirements,  and  have  resided  in  this  State  one  year 
next  preceding  any  election,  or  next  preceding  his 
registration  as  voter,  and  during  the  last  sixty  days 
of  that  period  shall  have  resided  in  the  county,  city, 
or  town  where  he  oflfers  to  vote,  or  seeks  registration 
as  a  voter,  shall  be  entitled  to  vote  at  such  election, 
for  all  officers,  State,  county,  or  municipal,  made 
elective  by  the  people ;  but  he  shall  not  vote  else- 
where than  in  the     Mo.,  350. 

— And  the  inhabitants  of  plantations  unincorporated, 
qualified  as  this  Constitution  provides,  who  are  or 
shall  be  empowered  and  required  to  assess  taxes  upon 
themselves  toward  the  support  of  government,  shall 
have  the  same  privilege  of  voting  for  Councillors  and 
Senators,  in  the  plantations  where  they  reside,  as 
town  inhabitants  have  in  their  respective  towns;  and 
the  plantation  meetings  for  that  purpose  shall  be  held 
annually,  [on  the  same  first  Monday  in  April],  at  such 
place  in  the  plantations  respectively,  as  the  Assessors 
thereof  shall  direct :  which  Assessors  shall  have  like 
authority  for  notifying  the  electors,  collecting  and 
returning  the  votes,  as  the  Selectmen  and  Town 
Clerks  have  in  their  several  towns,  by  this  Constitu- 
tion. And  all  other  persons  living  in  places  unincor- 
porated (qualified  as  aforesaid),  who  shall  be  assessed 
to  the  support  of  government  by  the  Assessors  of  an 
adjacent  town,  shall  have  the  privilege  of  giving  in 
their  votes  for  Councillors  and  Senators  in  the  town 
9 


where  they  shall  be  assessed,  and  be  notified  of  the 
place  of  meeting  by  the  selectmen  of  the  town  where 
they  shall  be  assessed,  for  that  purpose,  accordingly. 
Mass.,  284. 

—  The  qualifications  of  voters  and  the  limitation  of 
the  elective  franchise,  may  be  determined  by  the 
General  Assembly,  which  shall  first  assemble  under 
the  amended  Constitution.  Tenn.,  504. 
— The  General  Assembly  shall  have  power  to  regulate 
by  law,  not  inconsistent  with  this  Constitution,  all 
matters  which  relate  to  the  Judges  of  Election,  time, 
place  and  manner  of  holding  elections  in  this  State, 
and  of  making  returns  thereof  Md.,  256. 
— The  Selectmen  and  Town  Clerk  of  the  several 
towns  shall  decide  on  the  qualifications  of  electors,  at 
such  times  and  in  such  manner  as  may  be  prescribed 
by  law.     Ct,  112. 

— [Militia  service  formerly  a  qualification  of  electors 
for  Assembly.]     N.  F.  (1821),  37;   a,  112. 
— [Electors  required  to  take  an  oath  of  allegiance.] 
N.  Y.  (1777),  27;   Ct.,  112,  115;  Md.,2&6;  Mo.,Sid, 
350 ;    Va.,  534. 

— Every  man  of  the  full  age  of  twenty-one  years, 
having  resided  in  the  State  for  the  space  of  one  whole 
year  next  before  the  election  of  Representative,  and 
is  of  a  quiet  and  peaceful  behavior,  and  will  take  the 
following  oath  or  affirmation,  shall  be  entitled  to  all 
the  privileges  of  a  freeman  of  this  State:  "You 
solemnly  swear  (or  affirm)  that  whenever  you  give 
your  vote  or  suffrage,  touching  any  matter  that  con- 
cerns the  State  of  Vermont,  you  will  do  it  so  as  in 
your  conscience  you  shall  judge  will  most  conduce  to 
the  best  good  of  the  same,  as  established  by  the  Con- 
stitution, without  fear  or  favor  of  any  man."    Vt,  525. 


PROVISIONS  CONCERNING  COLORED  PER- 
SONS AND  INDIANS. 

— No  free  negro,  free  mulatto,  or  free  person  of 
mixed  blood,  descended  from  negro  ancestors  to  the 
fourth  generation  inclusive  (though  one  ancestor  of 
each  generation  may  have  been  a  white  person), 
shall  vote  for  members  of  the  Senate  or  House  of 
Commons.     N.  C,  428. 

— Provided,  That  nothing  herein  contained  shall  be 
construed  to  prevent  the  Legislature,  by  a  two-thirds 
concurrent  vote,  from  admitting  to  the  right  of  suf- 
frage Indians  or  the  descendants  of  Indians,  in  such 
special  eases  as  such  a  proportion  of  the  legislative 
body  may  deem  just  and  proper.  Cal.,  97. 
— [Indians  not  taxed,  excluded  from  voting.]  Ma., 
240 ;   Tenn.,  507. 

— [Narraganset  Indians  excluded  from  voting.]  R.  I., 
475. 

— Civilized  persons  of  Indian  descent  and  not  belong- 
ing to  any  tribe,  may  vote.     Mich.,  307;   Wis.,  562. 
— Persons  of  mixed  white  and   Indian  blood   who 
have  adopted  the  customs  and  habits  of  civiUzation, 
may  vote.     Min.,  325. 

— Persons  of  Indian  blood  residing  in  this  State,  vrho 
have  adopted  the  language,  customs  and  habits  of 
civilization,  after  an  examination  before  any  District 
Court  of  the  State,  in  such  manner  as  may  be  pro- 
vided by  law,  and  shall  have  been  pronounced  by 
said  court  capable  of  enjoying  the  rights  of  citizen- 
ship within  the  State.  Min.,  325. 
-Persons  of  Indian  blood  who  have  once  been  de- 
clared by  law  of  Congress  to  be  citizens  of  the  United 
States,  any  subsequent  law  of  Congress  to  the  con- 
trary notwithstanding.  IFis.,  562. 
— Colored  persons  expressly  excluded  from  voting. 
Ind.,  171;  Or.,  449;  Tfes.,  507. 
— Excluded  from  elections  by  the  word  "white." 
Ala.,  82;  Ark, 8a;  Cal.,  97;  Ct,  111,  115;  Del,  120; 
Fl,  135;  (7a,,  149;  III.,  162;  Ind.,  171;  Iowa,  184; 
Kan.,  201 ;  K^.,  215;  La.,  227 ;  iV!  Ji,  413  ;  Me.,  240; 
Md.,  256;  Mich.,  307;  Min.,  325;  Mo,  350;  Neb., 
371;  Nev.,  380;  Ohio,  438;  Or,  448;  Pa.,  464;  S.  C, 
436;  Knn.,  495;  Fa,  533 ;  W.  Va.,  347. 
—The  word  "  white,"  not  used.  Mass.,  281 ;  JV.  K, 
403;  jB.  Z,  474;    Ft,  525. 


34 


— Freemen  are  voters,  and  the  word  "white"  not 
used.     iV.  C,  424. 

— Legislature  may  provide  for  election  of  such  other 
persons,  citizens  of  United  States,  as  by  mihtary  ser- 
vice, by  taxation  to  support  the  Government,  or  by 
intellectual  fitness,  may  bo  deemed  entitled  thereto. 
La.,  227. 

— [Freemen  of  color  excuse^  from  military  duty,  and 
from  poll  tax.]     Tenn.,  495. 

— That  no  person  shall  be  disqualified  from  voting  in 
any  election  on  account  of  color,  who  is  now,  by  the 
laws  of  this  State,  a  competent  witness  in  a  court  of 
justice  against  a  white  man.  All  free  men  of  color 
shall  be  exempt  from  military  duty  in  time  of  peace, 
and  also  from  paying  a  Iree  poll  tax.  Tenn.,  495. 
— [The  word  "  white,"  stricken  out.]  Wis.  561. 
— [Proposition  pending  to  strike  out  "  white."]     Kan. 


LITERARY  QUALIFICATIONS  OF  VOTERS. 

— Every  person  shall  be  able  to  read  any  article  of 
the  Constitution,  or  any  section  of  the  statutes  of  this 
State,  before  being  admitted  as  an  elector.  Ct.,  115. 
. — No  person  shall  have  the  right  to  vote,  or  be  eligible 
to  office  under  the  Constitution  of  this  Common- 
wealth, who  shall  not  be  able  to  read  the  Constitu- 
tion in  the  English  language  and  write  his  name : 
Provided,  however.  That  the  provisions  of  this  amend- 
ment shall  not  apply  to  any  person  prevented  by  a 
physical  disability  from  complying  with  its  requisi- 
tions, nor  to  any  person  who  now  has  the  right  to 
vote,  nor  to  any  person  who  shall  be  si.\ty  years  of 
age  or  upwards  at  the  time  this  amendment  shall  take 
effect.     ^fasF.,  222. 

— After  the  first  day  of  January,  one  thousand  eight 
hundred  and  seventy-six,  every  person  who  was  not 
a  qualified  voter  prior  to  that  time  shall,  in  addition 
to  the  other  qualifications  required,  be  able  to  read 
and  write  in  order  to  become  a  qualified  voter ;  unless 
his  inability  to  read  or  write  shall  be  the  result  of  a 
physical  disability.    Mo.,  351. 


SOLDIERS'  VOTE. 

— The  right  of  suffrage  shall  be  enjoyed  by  all  per- 
sons otherwise  entitled  to  the  same,  who  may  be  in 
the  military  or  naval  service  of  the  United  States ; 
Provided,  The  votes  so  cast  shall  be  made  to  apply  to 
the  county  and  township  of  which  said  voters  were 
bona  fide  residents  at  the  time  of  their  enlistment ; 
Provided,  further.  That  the  payment  of  a  poll  tax,  or 
a  registration  of  such  voters  shall  not  be  required  as  a 
condition  to  the  right  of  voting.  Provision  shall  be 
made  by  law  regulating  the  manner  of  voting,  hold- 
ing elections,  and  making  returns  of  such  elections, 
wherein  other  provisions  are  not  contained  in  this 
Constitution.     Nev.,  380. 

— Any  qualified  voter  who  may  be  absent  from  the 
place  of  his  residence,  by  reason  of  being  in  the  vol- 
unteer army  of  the  United  States,  or  in  the  militia 
force  of  this  State,  in  the  service  thereof,  or  of  the 
United  States,  whether  within  or  without  the  State, 
shall,  without  registration,  be  entitled  to  vote  in  any 
election  occurring  during  such  absence.  The  votes 
of  all  such  persons,  wherever  they  may  be,  may  be 
taken  on  the  day  fixed  by  law  for  such  election,  or 
on  any  day  or  days  within  twenty  days  next  prior 
thereto  ;  and  the  General  Assembly  shall  provide  by 
law  for  the  taking,  return  and  counting  of  such  votes. 
Every  such  person  shall  take  the  same  oath  that  all 
other  voters  may  be  required  to  take  in  order  to  vote. 
Mo.,  351. 

Whenever  any  of  the  qualified  electors  of  this 
Commonwealth,  shall  be  in  any  actual  military  ser- 
vice, under  a  requisition  from  the  President  of  the 
United  States,  or  by  the  authority  of  this  Common- 
wealth, such  electors  may  exercise  the  right  of 
suffrage  in  all  elections  by  the  citizens,  under  such 


regulations  as  are,  or  shall  be  prescribed  by  law,  as 
fully  as  if  they  were  present  at  their  usual  place  of 
election.     Pa.,  472. 

[Entitled  to  vote  in  district  where  ho  resides.]  Or 
in  case  of  volunteer  soldiers,  within  their  several 
military  departments  or  districts.     Ark.,  85. 

[Regulation  for  soldiers'  vote  similar  to  that  of  New 
York.]     Ct,  115;  Mich.,  308. 

[Special  and  minute  provision  for  soldiers'  vote.] 
Md.,  278. 

— Officers  and  privates  in  army,  and  marines  of  the 
navy  of  United  States,  and  seamen,  excluded  from 
voting.     S.  a,  486. 

— The  provisions  of  this  ordinance  in  regard  to  the 
soldiers'  vote  shall  apply  to  future  elections  under  this 
Constitution,  and  be  in  full  force  until  the  Legislature 
shall  provide  by  law  for  taking  the  votes  of  citizens 
of  said  Territory  in  the  army  of  the  United  States. 
Nev.,  398. 

— The  General  Assembly  shall  also  provide  by  law 
for  taking  the  votes  of  soldiers  in  the  army  of  the 
United  States  serving  in  the  field.  Md.,  256. 
— Every  elector  of  tliis  State  who  shall  be  in  the 
military  service  of  the  United  States,  either  as  a 
drafted  person  or  volunteer,  during  the  present  rebel- 
lion, shall,  when  absent  from  this  State,  because  of 
such  service,  have  the  same  right  to  vote  in  any 
election  of  State  officers.  Representatives  in  Congress, 
and  electors  of  President  and  Vice-President  of  the 
United  States,  as  he  would  have  if  present  at  the 
time  appointed  for  such  election,  in  the  town 
in  which  he  resided  at  the  time  of  his  enhstment  into 
such  service.  This  provision  shall  in  no  case  extend 
to  persons  in  the  regular  army  of  the  United  States, 
and  shall  cease,  and  become  inoperative  and  void, 
upon  the  termination  of  the  present  war.  The  Gen- 
eral Assembly  shall  prescribe  by  law,  in  what  man- 
ner and  in  what  time  the  votes  of  electors  absent 
from  this  State  in  the  military  service  of  the  United 
States,  shall  be  received,  counted,  returned  and  can- 
vassed.     Cl.,  115. 

— For  the  purpose  of  taking  the  vote  of  the  electors 
of  said  Territory  who  may  be  in  the  army  of  the 
United  States,  tlie  Adjutant-General  of  said  Territory 
shall,  on  or  before  the  fifth  day  of  August  next  fol- 
lowing, make  out  a  list  in  alphabetical  order,  and 
deliver  the  same  to  the  Governor,  of  the  names  of  all 
the  electors,  residents  of  said  Territory,  who  shall  be 
in  the  army  of  the  United  States,  stating  the  number 
of  the  regiment,  battalion,  squadron  or  battery  to 
which  ho  belongs,  and  also  the  county  or  township 
of  his  residence  in  the  said  Territory.  Nev.  397. 
— No  soldier,  seaman,  or  marine,  in  the  army  or  navy 
of  the  United  States,  or  of  their  allies,  shall  be  deemed 
to  have  acquired  a  residence  in  the  State  in  conse- 
quence of  being  stationed  within  tliesame;  nor  shall 
any  soldier,  seaman,  or  marine  have  the  right  to  vote. 
Kan.  202. 

— No  soldier,  seaman  or  marine,  in  the  army  or  navy 
of  the  United  States,  shall  be  deemed  a  resident  of 
this  State,  in  consequence  of  being  stationed  at  any 
military  or  naval  place  within  the  State.  AJa.,  82  ; 
Ark,  85;  III,  162;  (nearly  similar),  Bel,  120;  Fl, 
1.35;  III,  162;  Ind.,  174;  loioa,  184;  Me.,  240; 
Mich.,  308;  Min.,  326;  KJ.,4:Vi;  Ohio,  ^38;  Or., 
449;  Fa.,  534;  IK  Fa.,  546 ;  11%.,  462. 
— No  officer,  soldier,  or  marine,  in  the  regular  army 
or  navy  of  the  United  States,  shall  be  entitled  to  vote 
at  any  election  in  this  State  [i/m.,  350],  and  no 
soldier,  sailor,  or  marine  in  the  army  or  navy  of  the 
United  States  shall  be  entitled  to  vote  at  any  election 
created  by  this  Constitution.  Tex ,  507. 
— Any  other  person  in  the  employ  or  pay  of  the 
United  States,  unless  he  be  a  qualified  elector  of  the 
State  previous  to  his  appointment  or  enlistment  as 
such  officer,  soldier,  seaman  or  marine,  in  the  regular 
army  or  navy  of  the  United  States,  or  of  the  revenue 
service,  shall  be  considered  a  resident  in  the  State  in 
consequence  of  being  stationed  within  the  same. 
Fl,  135. 

— Electors  of  this  State,  who,  in  time  of  war,  are 
absent  from  the  State,  in  the  actual  military  service 


35 


1  §  2.  Laws  may  be  passed  excluding  from  the  right  of  suffrage  all  persons 

2  who  have  been  or  may  be  convicted  of  (')  bribery,  (')  larceny,  or  of  any 

3  infamous  crime ;  and  for  depriving  every  person  who  shall  make,  or  become 

4  directly  or  indirectly  interested  in  any  bet  or  wager,  depending  upon  the 

5  result  of  any  election,  from  the  right  to  vote  at  such  election.^ ) 


of  the  United  States,  being  otherwise  qualified,  shall 
have  a  right  to  vote  in  all  elections  in  the  State  for 
electors  of  President  and  Vice  President  of  the  United 
States,  Representatives  in  Congress,  and  general 
officers  of  the  State.  The  General  Assembly  shall 
have  full  power  to  provide  by  law  for  carrying  this 
article  into  effect ;  and  until  such  provision  shall  be 
made  by  law,  every  such  absent  elector  on  the  day 
of  such  elections,  may  deliver  a  written  or  printed 
ballot,  with  the  names  of  the  persons  voted  for 
thereon,  and  his  christian  and  surname,  and  his  voting 
residence  in  the  State,  written  at  length  on  the  back 
thereof,  to  the  officer  commanding  the  regiment  or 
company  to  which  he  belongs;  and  all  such  ballots, 
certified  by  such  commanding  officer  to  have  been 
given  by  the  elector  whose  name  is  written  thereon, 
and  returned  by  such  commanding  officer  to  the  Sec- 
retary of  State  within  the  time  prescribed  by  law 
for  counting  the  votes  in  such  elections,  shall  be 
received  and  counted  with  the  same  effect  as  if  given 
by  such  elector  in  open  town,  ward  or  district  meet- 
ing ;  and  the  clerk  of  each  town  or  city,  until  other- 
wise provided  by  law,  shall,  within  five  days  after 
any  such  election,  transmit  to  the  Secretary  of  State 
a  certified  list  of  the  names  of  all  such  electors  on 
their  respective  voting  lists.     li.  /,  481. 

-But  persons  in  the  military,  naval,  or  marine  ser- 
vice of  the  United  States,  or  this  State,  shall  not  be 
considered  as  having  obtained  such  established  resi- 
dence by  being  stationed  in  any  garrison,  barrack,  or 
military  place,  in  any  town  or  plantation.  Me.,  240. 
— No  person  in  the  military,  naval  or  marine  service 
of  the  United  States  shall  be  deemed  a  resident  of 
this  State  by  reason  of  being  stationed  therein ;  but 
citizens  of  this  State,  when  in  the  military  service  of 
the  United  States,  shall  be  permitted  to  vote  under 
such  regulations  as  may  be  prescribed  by  the  General 
Assembly,  wherever  they  may  be  stationed,  the  same 
as  if  they  were  within  their  respective  cities,  coun- 
ties or  districts.  No  person  shall  have  the  right  to 
vote  who  is  of  unsound  mind  or  a  pauper,  or  who 
has  been  convicted  of  a  bribery  in  an  election,  or  of 
any  infamous  offense.      Va.,  534. 


EXCLUSION    FROM    THE    RIGHT    OF    SUF- 
FRAGE. 

[Idiots  excluded].  Del,  120;  Iowa,  184;  Kan., 
202;  Afd.,  256;  J/w.,  326;  Nev.,  380;  N.  J.,  413; 
Ohio,  438 ;    Or.,  449 ;  R.  I.,  475  ;    Wis.,  562. 

[Lunatics  excluded].  Del,  120 ;  Iowa,  180 ;  Kan., 
202;  Md.,  256;  Min.,  326;  Nev.,  381;  N.  J.,  413; 
OAto,  438;  Or.,  449;  ^. /,  475;  W.  Fa.,  547;  Wis., 
562. 

[Paupers  excluded].  K  Y.,  (1821),  37 ;  Cal,  97  ; 
La.,  227;  Me.,2i0;  Mass.,  294;  N.  11,  403;  N.  J., 
413;  R.  l,  475;  S.  C,  486;    W.  Va.,  547. 

[Persons  under  guardianship  excluded].  Kan., 
202;  Jl/e.,  240;  Mass.,-2di;  Min.,  326;    TFis.,  562. 

[Persons  under  interdiction  excluded].     La.,  227. 

[Persons  excused  from  paying  taxes  at  their  own 
request].     N.  II.,  403. 

[Prisoners  excluded].      Cal.,  97. 

[Chinamen  excluded].     Or.,  449. 
— Persons  residing  on  lands  ceded  by  this  State  to 
tlie  United  States,  shall  not  be  entitled  to  exercise  the 
privileges  of  electors.     R.  I,  475. 


— If  any  person  shall  give,  or  offer  to  give,  directly 
or  indirectly,  or  hath  given  or  offered  to  give,  since 
the  fourth  day  of  July,  eighteen  hundred  and  fifty- 
one,  any  bribe,  present,  or  reward,  or  any  promise,  or 
any  security  for  the  payment  or  delivery  of  money 
or  any  other  thing,  to  induce  any  voter  to  refrain 
from  casting  his  vote,  or  forcibly  to  prevent  him  in 
any  way  from  voting,  or  to  procure  a  vote  for  any 
candidate  or  person,  proposed  or  voted  for  as  elector 
of  President  and  Vice-President  of  the  United  States, 
or  Representative  in  Congress,  or  for  any  office  of 
profit  or  trust  created  by  the  Constitution  or  laws 
of  this  State,  or  by  the  ordinances  or  authority  of  the 
Mayor  and  City  Council  of  Baltimore,  the  person 
giving  or  offering  to  give,  and  the  persons  receiving 
the  same,  and  any  person  who  gives  or  causes  to  be 
given  an  illegal  vote,  knowing  it  to  be  such,  at  any 
election  to  be  hereafter  held  in  this  State,  or  who 
shall  be  guilty  of  or  accessory  to  any  fraud,  force, 
surprise,  or  bribery  to  procure  himself  or  any  other 
person  to  be  nominated  to  any  office,  national,  State, 
or  municipal,  shall,  on  conviction  in  a  court  of  law, 
in  addition  to  the  penalties  now  or  hereafter  to  be 
imposed  by  law,  be  forever  disqualified  to  hold  any 
office  of  profit  or  trust,  or  to  vote  at  any  election 
thereafter.     Md.,  257. 

— But  the  foregoing  provisions  in  relation  to  acts  done 
against  the  United  States  shall  not  apply  to  any  per- 
son not  a  citizen  thereof,  who  shall  have  committed 
such  acts  while  in  the  service  of  some  foreign  country 
at  war  with  the  United  States,  and  who  has,  since 
such  acts,  been  naturalized,  or  may  hereafter  be  nat- 
uralized, under  the  laws  of  the  United  States,  and 
the  oath  of  loyalty  hereinafter  prescribed,  when  taken 
by  any  such  person,  shall  be  considered  as  taken  in 
such  sense.     Mo.,  349. 

— Whoever  shall  be  convicted  of  having  directly  or 
indirectly,  given  or  offered  any  bribe,  to  procure  his 
election  or  appointment  to  any  office,  shall  be  dis- 
qualified for  any  office  of  honor,  trust  or  profit  under 
this  State ;  and  whoever  shall  give  or  offer  any  bribe 
to  procure  the  election  or  appointment  of  any  other 
person  to  any  office,  shall,  on  conviction  thereof,  be 
disqualified  for  a  voter,  or  any  office  of  honor,  trust 
or  profit  under  this  State,  for  ten  years  after  such 
conviction.     Mo.,  350. 

— -The  Legislature  may  pass  laws  to  deprive  persons 
of  the  right  of  suffrage  who  shall  be  convicted  of 
bribery  at  elections.  N.  J.,  413;  W.  Va.,  547. 
— Every  person  shall  be  disqualified  from  holding 
office,  during  the  term  for  which  he  may  have  been 
elected,  who  shall  have  given  or  offered  a  bribe, 
threat,  or  reward,  to  procure  his  election.  [Or.,  449 ; 
Cat,  104;  Kan.,  202;  Tex.,  515.]  Or  procured  any 
other  person  to  offer  a  bribe.  Ark.,  86 ;  R.  I.,  479. 
— Every  person  shall  be  disqualified  from  serving  aa 
Governor,  Senator,  Representative,  or  from  holding 
any  other  office  of  honor  or  profit  in  this  State,  for 
tlie  term  for  which  he  shall  have  been  elected,  who 
shall  have  been  convicted  of  having  given  or  offered 
any  bribe  to  procure  his  election.  Ala.,  81  ;  Ft,  136. 
— Or  has  ever,  with  a  view  to  avoid  enrollment  in 
the  militia  of  this  State,  or  to  escape  the  performance 
of  duty  therein.     Mo.,  348. 

— Or,  having  ever  voted  at  any  election  by  the  people 
in  this  State,  or  in  any  other  of  the  United  State.s, 
or  in  any  of  their  Territories,  or  held  office  in  this 
State,  or  in  .any  other  of  the  United  States,  or  in  any 
of  their  Territories,  or  under  the  United  States,  shall 


36 


thereafter  have  sought  or  received,  under  claim  of 
alienage,  the  protection  of  any  foreign  government, 
through  any  consul  or  other  officer  thereof,  in  order 
to  secure  exemption  from  military  duty  in  the  militia 
of  this  State,  or  in  the  army  of  the  United  States. 
Mo.,  349. 

— And  no  person  shall  ever  be  admitted  to  hold  a 
seat  in  the  Legislature,  or  any  office  of  trust  or  im- 
portance under  the  government  of  this  Common- 
wealth, who  shall,  in  the  due  course  of  law,  have 
been  convicted  of  bribery  or  corruption,  in  obtaining 
an  election  or  appointment.  Mass.,  242. 
— No  person  shall  ever  be  admitted  to  hold  a  seat  in 
the  Legislature,  or  any  office  of  trust  or  importance 
under  this  government,  who,  in  the  due  course  of 
law,  has  been  convicted  of  bribery  or  corruption  in 
obtaining  an  election  or  appointment.  N.  H.,  410. 
— All  elections,  whether  by  the  people,  or  the  Legis- 
lature, shall  be  free  and  voluntary ;  and  any  elector, 
who  shall  receive  any  gift  or  reward,  for  his  vote,  in 
meat,  drink,  moneys,  or  otherwise,  shall  forfeit  his 
right  to  elect  at  that  time,  and  suffer  such  other  pen- 
alty as  the  law  shall  direct ;  and  any  person  who  shall 
directly  or  indirectly  give,  promise,  or  bestow,  any 
such  reward  to  be  elected,  shall  thereby  be  rendered 
incapable  to  serve  for  the  ensuing  year,  and  be  sub- 
ject to  such  further  punishment  as  a  future  Legislature 
may  direct.      Vt.,  526. 

— Any  person  who  shall  be  convicted  of  the  embez- 
zlement or  defalcation  of  the  public  funds  of  this 
State,  or  who  may  be  convicted  of  having  given  or 
offered  a  bribe  to  secure  his  election  or  appointment 
to  office,  or  received  a  bribe  to  aid  in  the  procure- 
ment of  office  for  any  other  person,  sliall  be  disqual- 
ified from  holding  any  office  of  profit  or  trust  in  this 
State  ;  and  the  Legislature  shall,  as  soon  as  practica- 
ble, provide  by  law  for  the  punishment  of  such 
defalcation,  bribery,  or  embezzlement,  as  a  felony. 
Nev.,  582. 

— No  person  who  may  hereafter  be  a  collector  or 
holder  of  public  money  shall  be  eligible  to  any  office 
of  trust  or  profit  until  he  shall  have  accounted  for  and 
paid  over  according  to  law,  all  sums  for  which  he  may 
be  liable.  6a.,  143 ;  lad.,  172 ;  Mkh.,  303 ;  Or.,  449. 
— No  person  who  may  have  collected,  or  been  in- 
trusted with  pubhc  money,  whether  State,  county, 
township,  or  municipal,  shall  be  eligible  to  the  Legis- 
lature, or  to  any  office  of  honor,  trust  or  profit,  until 
he  shall  have  duly  accounted  for  and  paid  over  such 
money  according  to  law.  J^/.,  130;  Iowa,\?,Q;  Mo., 
353;  N.  C,  425;  OAio,  433  ;  ^nn.,  494;  Tex.,  509; 
W.  Va.,  550. 

— Any  elector  who  shall  receive  any  gift  or  reward 
for  his  vote,  in  meat,  drink,  money,  or  otherwise, 
shall  suffer  such  punishment  as  the  laws  shall  direct. 
And  any  person  who  shiill  directly  or  indirectly  give, 
promise,  or  bestow  any  such  reward  to  be  elected, 
shall  thereby  be  rendered  incapable,  for  six  years,  to 
serve  in  the  office  for  which  he  was  elected,  and  be 
subject  to  such  further  punishment  as  the  Legislature 
shall  direct.     Tenn.,  498. 

— Or  person  convicted  of  a  crime  which  now  excludes 
bini  from  being  a  witness,  unless  pardoned  or  restored 
by  law  to  the  right  of  suffrage,  shall  enjoy  the  right 
of  an  elector.     A'!  /,  413. 

— No  person  who,  since  the  first  day  of  June,  18G1, 
has  given  or  shall  give  voluntary  aid  or  assistance  to 
the  rebellion  against  the  United  States,  shall  be  a 
citizen  of  this  State,  or  be  allowed  to  vote  at  any 
election  held  therein,  unless  he  has  volunteered  into 
the  military  or  naval  services  of  the  United  States, 
and  has  been  or  shall  be  honorably  discharged  there- 
from.    W.  Va.,  548. 


— Every  person  who  shall  give  or  accept  a  challenge 
to  fight  a  duel,  or  shall  knowingly  carry  to  another 
person  such  cliallenge,  or  who  shall  agree  to  go  out 
of  the  State  to  fight  a  duel,  shall  be  ineligible  to  any 
office  of  trust  or  profit.  Ark.,  93;  Ind.,  171;  Nev., 
392;  On,  449;  CL,  112;  Kan.,  202;  Or.,  449 ;  Va., 
537  ;    TV:   Va.,  548 ;    Wis.,  570. 

— Any  inhabitant  who  may  hereafter  be  engaged  in 
a  duel,  either  as  principal  or  accessory  before  the  fact, 
shall  be  disqualified  from  holding  any  office  under  the 
Constitution  and  laws  of  this  State,  and  shall  not  be 
permitted  to  vote  at  any  election.     Mich.,  308. 

[Rigid  exclusion  of  those  who  have  participated  in 
the  rebellion.]     Md.,  256  ;  Mo.,  348  ;  Nev.,  380. 

[Amnesty  of  President  required  in  case  a  person 
has  served  in  rebel  array.]     A'ev.,  380. 

[Service  in  the  United  States  army  restores  those 
who  had  lost  their  franchise  by  rebellion.]     Mo.,  350. 

[Bribery  specified  as  cause  of  disqualification.] 
^?a.,  82;  Ct.,  112;  Fl,  135;  La.,  233;  Miss.,  342; 
Mo.,3b2;  0/uo,  438;  i2. /.,  475;  TVw.,  562,  and  some 
others. 

[Forgery,  specified.]  Ala.,82;  CaZ.,  104;  Ct,  112; 
Fl,  136. 

[Fraudulent  bankruptcy.]     Ct.,  112. 

[Felony.]     Del,  12\  ;  Miss.,  325;    TV!   Ta.,  547,  &c. 

[Larceny.]      Wis.,  561.     [Theft.]     Ct.  112. 

[Perjury.]  Ala.,  82;  Ct.,  1 12  ;  Fl,  135  ;  lU.,  154; 
La.,  233  ;  Mo.,  352 ;   Ohio,  438,  &c. 

[Treason.]  La.,  233;  Miii.,  32G;  Nev.,  380;  W. 
Va..  547 ;    Wis.,  527. 

Treason  or  felony  committed  in  any  State.]  Nev., 
380. 

[Crimes  punished  by  imprisonment  in  penitentiary.] 
Or.,  447. 

[Crimes  punishable  by  hard  labor.]    La..,  227. 

["Other  high  crimes,"  and  "infamous  crimes."] 
Ala.,82;  Cal,  97,  lOi;  Ct.,  112  ;  Fl,  135;  III,  162; 
Iowa,  184 ;  Kan  ,  202  ;  Min.,  322 ;  Mo.,  352  ;  Ohio, 
438;  iJ. /.,  475;   Tenn., '^95;    TFis.,  662. 

[Right  lost  as  above  may  be  restored.]  Qa.  143 ; 
Aare.,  202;  Md.,  256;  Mss.,  326;  R.  L,  475;  Wis., 
626,  &c. 

[Exclusion  on  account  of  crimes,  applied  to  those 
over  21  years  of  age.]     Md.,  256. 
— The  Legislature  may  impose  the  forfeiture  of  the 
right  of  suffrage  as  a  punisliment  for  crime.     Del.. 
120 ;  III,  162. 


PRIVILEGES  OF  ELECTORS. 


— No  elector  shall  be  obliged  to  do  militia  duty  on 
the  day  of  election,  except  in  time  of  war  or  public 
danger,  or  attend  court  as  a  suitor  or  witness,  [Mich., 
308],  nor  work  on  the  public  roads,  [  Va.,  545 ;  W. 
Va.,  548;  Cat.,  97;  III,  162;  Iowa,  184;  Me.,  241  ; 
Mils.,  336 ;  Or.,  449 ;]  nor  serve  as  a  juror.  Va.,  534. 
— Every  elector,  in  all  cases,  exctpt  treason,  felony, 
or  breach  of  the  peace,  shall  be  privileged  from 
arrest  during  his  attendance  at  election,  and  in  going 
to  and  returning  from  the  same.  Ala.,  82  ;  Cat,  97  ; 
Del,  121;  III,  162;  Iowa,  184;  Ind.,  172;  Kan,, 
202;  Ky.,  210;  La.,  227;  Me.,  241;  Mich.,  308; 
Mo.,  251;  Ohio,  438;  Or.,  449;  Pa.,  464;  Tenn., 
495 ;  Tex.,  507  ;  Va.,  646. 
— Privilege  from  summons.  Tenn.,  495. 
— Privilege  from  service  of  civil  process.  Ci.,  112: 
Nev.,  381 ;    Va.,  634  ;    W.  Va.,  548  ;  Min.,  326. 


37 


1  §3.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have  gained 

2  or  lost  a  residence,  by  reason  of  his  presence  or  absence,  while  employed  in 

3  the  service  of  the  United  States ;  (')  nor  while  engaged  in  the  navigation  of 

4  the  waters  of  this  State,  or  of  the  United  States,  or  of  the  high  seas ;  {')  nor 

5  while  a  student  of  any  seminary  of  learning ;  nor  while  kept  at  any  alms 

6  house,  or  other  asylum,  at  public  expense  ;  nor  while  confined  in  any  public 

7  prison. (^) 


Md., 


(1).  Ill,  102; 
(2).    Cal,  97. 

(3).    Cal,   97;    Mick,   308  Min 
iVei;.,  381;    Or.,  449;  dc. 


171 ;  R.  L,  415 ;    Wis.,  562. 

326;    Mo.,   351; 


RESIDENCE  OF  ELECTORS. 

— All  civil  officers  for  the  State  at  large  shall  be 
voters  of  and  reside  within  the  State ;  and  all  district 
or  parish  officers  shall  be  voters  of  and  reside  within 
their  respective  districts  or  parishes,  and  shall  keep 
their  offices  at  such  places  therein  as  may  be  required 
by  law.     La.,  233. 

— No  person  shall  be  entitled  to  vote  at  any  election 
held  in  this  State  except  in  the  parish  of  his  resi- 
dence, and  in  cities  and  towns  divided  into  election 
precincts,  in  tlie  election  precinct  in  wliich  he  resides. 
La.,  227 ;  Md.,  250. 

— No  voter,  on  removing  from  one  parish  to  another 
within  the  State,  shall  lose  the  right  of  voting  in  the 
former  until  he  shall  have  acquired  it  in  the  latter. 
La.,  227. 

— But  a  person  who  shall  have  acquired  a  residence 
in  such  county  or  city  entitling  him  to  vote  at  any 
such  election,  sliall  be  entitled  to  vote  in  the  election 
district  from  wliich  he  removed,  until  he  shall  have 
acquired  a  residence  in  the  part  of  the  county  or 
city  to  which  he  has  removed.  Md.,  256. 
— All  persons  residing  upon  Indian  lands  within  any 
county  of  the  State,  and  qualified  to  exercise  the 
right  of  suffrage  under  this  Constitution,  shall  be 
entitled  to  vote  at  the  polls  wliich  may  be  held 
nearest  their  residence,  for  State,  United  States,  or 
county  officers :  Provided,  That  no  person  shall  vote 
for  county  officers  out  of  the  county  in  which  he 
resides.     Wis.,  571. 

— All  qualified  electors  shall  vote  in  the  election  pre- 
•cinct  in  the  county  where  they  may  reside,  for  county 
officers,  and  in  any  county  in  the  State  for  State  offi- 
cers, or  in  any  county  of  a  congressional  district  in 
which  such  electors  may  reside,  for  members  of  Con- 
gress.    Or.,  449. 

[Electors  allowed  to  vote  for  State  officers,  any- 
where in  the  State.]     Tex.  507. 

— That  any  one  entitled  to  vote  in  this  State  in  the 
county  where  he  resides,  may  vote  for  the  adoption 
or  rejection  of  this  constitution  in  any  county  in  this 
State.     Ark.,  85. 

— And  every  person,  qualified  as  the  constitution  pro- 
vides, shall  be  considered  as  an  inhabitant  for  the  pur- 
pose of  electing  and  being  elected  into  any  office  or 
place  within  this  State,  in  the  town,  parish  or  planta- 
tion where  he  dwelleth  and  hath  his  home.  A^  H., 
403. 


— All  persons  qualified  to  vote  in  the  election  of  Sen- 
ators shall  be  entitled  to  vote  within  the  district 
where  they  dwell,  in  the  choice  of  Representatives. 
N.  K,  402. 

— Nor  shall  the  residence  of  a  student  at  any  Semi- 
nary of  learning,  entitle  him  to  the  right  of  suffrage 
in  the  town  or  plantation  where  such  seminary  is 
established.     Me.,  240. 

— And  any  such  qualified  elector,  who  may  happen 
to  be  in  any  county,  city  or  town  other  than  that  of 
his  residence  at  the  time  of  an  election,  or  who  shall 
have  moved  to  any  county,  city,  or  town  within  four 
months  preceding  the  election,  from  any  county,  city, 
or  town  in  which  he  would  have  been  a  qualified 
elector  had  he  not  so  removed,  may  vote  for  any  State 
or  district  officer,  or  member  of  Congres.s,  for  whom 
he  could  have  voted  in  the  county  of  his  residence, 
or  the  county,  city  or  town  from  which  he  may  have 
so  removed.     Miss.,  336. 

— And  to  remove  all  doubts  concerning  the  meaning 
of  the  word  "  inhabitant,''  in  this  Constitution,  every 
person  shall  be  considered  as  an  inhabitant,  for  the 
purpose  of  electing  and  being  elected  into  any  office 
or  place  within  this  State,  in  that  town,  district  or 
plantation  where  he  dwelleth  or  hath  his  home. 
Mass.,  284. 

— It  shall  be  the  duty  of  the  General  Assembly  to 
pass  laws  to  punish  with  fine  and  imprisonment  any 
person  who  shall  remove  into  any  election  district  or 
precinct  of  any  ward  of  the  city  of  Baltimore,  not 
for  the  purpose  of  acquiring  a  bona  fide  residence 
therein,  but  for  the  purpose  of  voting  at  an  approach- 
ing election,  or  who  shall  vote  in  any  election  district 
or  ward  in  wliich  he  does  not  reside  (except  in  the 
case  provided  for  in  this  article),  or  shall  at  the  same 
election  vote  in  more  than  one  election  district,  or 
precinct,  or  shall  vote  or  offer  to  vote  in  any  name 
not  his  own,  or  in  place  of  any  olher  person  of  the 
same  name,  or  shall  vote  in  any  county  in  which  he 
does  not  reside.     Md.,  258. 

[Provision  relating  to  students  similar  to  N.  Y.] 
Me.,  240. 

[Absence  on  business  of  State  not  a  disqualifica- 
tion.]    Cal,  105;  Ind.,  171;    Wis.,  562. 
— Temporary  absence  from  the  State  shall  not  cause 
a  forfeiture  of  residence  once  obtained.     Ala.,  94. 
— Absence  on  business  of  this  State,  or  of  the  United 
States,  or  on  a  visit,  or  necessary  private  business, 
shall   not    cause   a    forfeiture   of   a  residence   once 
obtained.     Ark.,  93  ;  Miss.,  343. 
— Ab.sence  on  the  business  of  this  State,  or  of  the 
United  States,  shall  not  forfeit  a  residence  once  ob- 
tained,  so   as  to   deprive   any  one  of  the   right  of 
suffrage,   or  of  being  elected  or  appointed   to   any 
office,  under  the  exceptions  contained  in  this  Consti- 
tution.    Ky.,  220 ;   Tex.,  515. 


10 


88 


1  g  4.  Laws  shall  be  made  for  ascertaining  by  proper  proofs  the  citizens  who 

2  shall  be  entitled  to  the  right  of  suffrage  hereby  established.(') 


(1).  K  Y.,  (1777),  37 ;  Kan.,  202. 

REGISTRY  OF  VOTERS— REGISTRATION  OP 
BIRTHS,  MARRIAGES  AND  DEATHS. 

— The  Legislature  may  provide  for  a  registry  of 
voters.  They  shall  prescribe  the  manner  of  conduct- 
ing and  making  returns  of  elections,  and  of  determining 
contested  elections;  and  shall  pass  such  laws  as  may 
be  necessary  and  proper  to  prevent  intimidation,  dis- 
order or  violence  at  the  polls,  and  corruption  or  fraud 
in  voting.     W.  Va.,  548. 

— The  General  Assembly  shall  immediately  provide 
by  law  for  a  complete  and  uniform  registration,  by 
election  districts,  of  the  names  of  qualified  voters  in 
this  State;  which  registration  shall  be  evidence  of 
the  qualification  of  all  registered  voters  to  vote  at  any 
election  thereafter  held ;  but  no  person  shall  be  ex- 
cluded from  voting  at  any  election,  on  account  of  not 
being  registered,  until  the  General  Assembly  shall 
have  passed  an  act  of  registration,  and  the  same 
shall  have  been  carried  into  efl'ect;  after  which,  no 
person  shall  vote,  unless  his  name  shall  have  been 
registered  at  least  ten  days  before  the  day  of  the 
election;  and  the  fact  of  such  registration  shall  be 
no  otherwise  shown,  than  by  the  register,  or  an 
authentic  copy  thereof,  certified  to  the  judges  of 
election  by  the  registering  officer,  or  other  consti- 
tuted authority.  A  new  registration  shall  be  made 
■within  sixty  days  next  preceding  the.  tenth  day  prior 
to  every  biennial  general  election ;  and  after  it  shall 
have  been  made,  no  person  shall  establish  his  right 
to  vote,  by  the  fact  of  his  name  appearing  on  any 
previous  register.     Mo.,  35G. 

— The  General  As.sembly  shall  provide  for  the  peri- 
odical registration  in  the  several  counties,  cities  and 
towns  of  the  voters  therein  ;  and  for  the  annual  regis- 
tration of  births,  marriages  and  deaths  in  tlie  white 
population,  and  of  the  births  and  deaths  in  the  colored 
population.      Va.,  539. 

— The  General  Assembly  shall  provide  by  law  for  the 
registratioQ  of  births,  marriages  and  deaths,  and  shall 
pass  laws  providing  for  the  celebration  of  marriage 
between  any  persons  legally  competent  to  contract 
marriage,  and  shall  provide  that  any  persons  pre- 
vented by  conscientious  scruples  from  being  married 
by  any  of  the  existing  provisions  of  law,  may  be 
married  by  any  Judge  or  Clerk  of  any  Court  of 
Record,  or  any  Mayor  of  any  mcorporated  city  in 
this  State.     Md.,  264. 

[The  Recorder,  in  addition  to  the  duties  incident  to 
the  recording  of  inventories,  and  other  papers  relating 
to  estates,  and  to  deeds  and  other  writings,  attends  to 
the  registering  of  births,  marriages  and  deaths,  and 
issuing  of  marriage  licenses].  W.  Va.,  554. 
— The  General  Assembly  shall  pass  laws  for  the  pre- 
servation of  the  purity  of  elections  by  the  registration 
of  voters,  and  by  such  other  means  as  may  be  deemed 
expedient;  and  to  make  effective  the  provisions  of 
the  Constitution  disfranchising  certain  persons,  or 
disqualifying  them  from  holding  office.  Md.,  264. 
— Until  such  a  system  of  registration  shall  have  been 
established,  every  person  shall,  at  the  time  of  offering 
to  vote,  and  before  his  vote  shall  be  received,  take 
an  oath  in  the  terras  prescribed  in  the  next  succeed- 
ing section.  After  such  a  system  shall  have  been 
established,  the  said  oath  shall  be  taken  and  sub- 
scribed by  the  voter  at  each  time  of  his  registration. 
Any  person  dechning  to  take  said  oath  shall  not  be 
allowed  to  vote,  or  to  be  registered  as  a  qualified 
voter.  The  taking  thereof  shall  not  be  deemed  con- 
clusive evidence  of  the  right  of  the  person  to  vote,  or 
to  be  registered  as  a  voter ;  but  such  right  may,  not- 
withstanding, be  disproved.  And,  after  a  system  of 
registration  shall  have  been  established,  all  evidence 
for  and  against  the  right  of  any  person  as  a  qualified 


voter,  shall  be  heard  and  passed  upon  by  the  register- 
ing officer  or  officers,  and  not  by  the  judges  of  election. 
TliQ  registering  officer  or  officers  shall  keep  a  register 
of  the  names  of  persons  rejected  as  voters,  and  the 
same  shall  be  certified  to  the  judges  of  election;  and 
they  shall  receive  the  ballot  of  any  such  rt  jected  voter 
offering  to  vote,  marking  the  same  and  certifying  the 
vote  thereby  given,  as  rejected;  but  no  such  vote 
shall  be  received,  unless  the  party  offering  it  take,  at 
the  time,  the  oath  of  loyalty  hereinafter  prescribed. 
Mo.,  349. 

— The  Legislature  shall  provide  by  law  that  the  names 
and  residence  of  all  qualified  electors  shall  be  regis- 
tered, in  order  to  entitle  them  to  vote ;  but  the  registry 
shall  be  free  of  cost  to  the  elector.  La.,  227 ;  Md. 
256. 

— But  no  person  shall  be  excluded  from  voting  at  any 
election  on  account  of  not  being  registered  until  the 
General  Assembly  shall  have  passed  an  act  of  regis- 
tration, and  the  same  shall  have  been  carried  into 
effect,  after  which  no  person  shall  vote  unless  Iiis  name 
appears  on  the  register.  Md.,  25G. 
— Provision  shall  be  made  by  law  for  the  registration 
of  the  names  of  the  electors  within  the  counties  of 
which  they  may  be  residents,  and  for  the  ascertain- 
ment by  proper  proofs  of  the  persons  who  shall  be 
entitled  to  the  riglit  of  suffrage,  as  hereby  established ; 
to  preserve  ths  purity  of  election,  and  to  regulate  the 
manner  of  holding  and  making  returns  of  the  same; 
and  the  Legislature  shall  liave  power  to  prescribe  by 
law  any  other  or  further  oaths  as  may  be  deemed 
necessary  as  a  test  or  electoral  qualification.  Nev., 
381. 

— The  General  Assembly  .shall  have  full  power  to 
provide  for  a  registry  of  voters ;  to  prescribe  the  man- 
ner of  conducting  the  elections;  the  form  of  certifi- 
cates; the  nature  of  the  evidence  to  be  required  in 
case  of  a  dispute  as  to  the  rightof  any  person  to  vote, 
and  generally  to  enact  all  laws  necessary  to  carry  this 
article  into  effect,  and  to  prevent  abuse,  corruption 
and  fraud  in  voting.  [R.  I.,  475.]  Provided,  however, 
That  the  General  Assembly  may,  by  requiring  a 
registry  of  voters,  or  other  suitable  legislation,  guard 
against  frauds  in  elections  and  usurpations  of  the 
right  of  suffrage;  may  impose  disqualification  to  vote 
as  a  punishment  for  crime,  and  may  prescribe  addi- 
tional qualifications  for  voters  in  municipal  elections. 
S.  C,  486. 


MANNER   OF    HOLDING    AND    REPORTING 
ELECTIONS. 

— The  General  Assembly  shall  have  power  to  regu- 
late by  law,  not  inconsistent  with  this  Constitution, 
all  matters  which  relate  to  the  judges  of  election, 
time,  place,  and  manner  of  holding  elections  in  this 
State,  and  of  making  returns  thereof  Md,,  265. 
— Each  of  the  boards  cf  judges  shall  safely  keep  one 
poll-book  and  tally-list,  and  the  ballots  cast  at  each 
election  ;  and  shall,  within  ten  days  after  such  elec- 
tion, cause  the  other  poll-book  and  tally-list  to  be 
transmitted,  by  the  hands  of  a  sworn  officer,  to  the 
clerk  of  the  board  transacting  county  business  in 
their  respective  counties,  or  to  which  the  county  may 
be  attached  for  municipal  purposes.  Kan.,  207. 
— Laws  shall  be  made  to  support  the  privilege  of  free 
suffrage,  prescribing  the  manner  of  regulating  and 
conducting  meetings  of  the  electors,  and  prohilaiting, 
under  adequate  penalties,  all  undue  influence  therein, 
from  power,  bribery,  tumult  and  other  improper  con- 
duct, ^^a.,  74;  Cat,  104;  CT.,  112;  /7.,  136;  La., 
233;  Miss.,  342;  Afe,  383 ;  Or,  449;  rex,  515. 
— Laws  may  be  passed  to  preserve  the  purity  of 
elections,  and  guard  against  abuses  of  the  elective 
franchise.     Mich.,  308. 


39 


— Elections  for  Senators  and  Representatives  shall 
be  general  tliroughout  the  State,  and  shall  be  regu- 
lated by  law.     Tex.,  509. 

—The  manner  of  calling  and  conducting  the  meetings 
for  the  choice  of  Representatives,  and  of  ascertaining 
their  election,  shall  be  prescribed  by  law.  M<tsK.,  299. 
— Elections  to  be  held  in  one  day.  La.,  225  ;  Miss., 
344 ;  Mo.,  348. 

— All  elections  by  the  people  shall  be  held  between 
the  hours  of  six  o'clock  in  the  morning  and  seven 
o'clock  in  the  evening.  Ky.,  220. 
— At  each  of  the  elections  provided  for  in  this  sched- 
ule the  polls  shall  be  opened  between  the  hours  of 
nine  and  ten  o'clock  a.  .m.,  and  closed  at  sunset. 
Kan.,  207. 

— No  special  election,  State,  county  or  municipal, 
shall  be  held  on  a  Monday.  Mo.,  348. 
— It  shall  be  proper  and  legal  for  the  voters  of  any 
county,  when  it  shall  be  unsafe  by  reason  of  the 
presence  of  insurgent  troops  to  open  a  poll  or  polls 
at  the  usual  places  of  holding  elections,  to  open  the 
same  in  any  other  part  of  said  county.  Va.,  545. 
— The  election  for  Senators,  next  after  the  first 
apportionment  under  this  Constitution,  shall  be  gen- 
eral throughout  the  State,  and  at  the  same  time  that 
the  election  for  Representatives  is  held,  and  there- 
after, there  shall  be  a  biennial  election  for  Senators 
to  fill  the  places  of  those  whose  term  of  service  may 
have  expired.     Ay.,  211. 

— The  Legislature  shall,  by  standing  laws,  direct  the 
time  and  manner  of  convening  the  elector.s,  and  of 
collecting  votes,  and  of  certifying  to  the  Governor 
the  officers  elected.  Maxs.,  288. 
— Elections  for  the  members  of  the  General  Assembly 
shall  be  held  at  the  several  election  precincts  estab- 
lished by  law.     La.,  226. 

— The  existing  laws  relative  to  the  manner  of  noti- 
fying, holding  and  conducting  elections,  making 
returns,  and  canvassing  votes,  shall  be  in  force,  and 
observed  in  respect  to  the  elections  hereby  directed 
to  commence  on  the  first  Monday  of  November,  in 
the  year  one  thousand  eight  hundred  and  twenty-two, 
so  far  as  the  same  are  applicaljle.  And  the  present 
Legislature  shall  pass  such  other  and  further  laws  as 
may  be  requisite  for  the  execution  of  the  provisions 
of  this  Constitution  in  respect  to  elections.  N.  Y., 
(1821),  44. 

[The  General  Assembly  may  change  the  day  of 
election].     Oa.,  143. 

— The  General  Assembly,  as  occasion  may  require, 
shall  cause  every  city  or  town,  the  white  population 
of  which  exceeds  five  thousand,  to  be  laid  off  into 
convenient  wards,  and  a  separate  place  of  voting  to 
be  established  in  each  ;  and  thereafter  no  inhabitant 
of  such  city  or  town  shall  be  allowed  to  vote  except 
in  the  ward  m  which  he  resides.  Va.,  534,  541. 
— All  elections  by  the  people  shall  be  held  at  such 
times  and  places  in  the  several  counties,  cities,  or 
towns,  as  are  now,  or  may  hereafter  be  designated 
by  law.     Tex.,  507. 

— The  names  of  the  persons  voted  for  as  Governor, 
Lieutenant-Governor,  Secretary  of  State,  Attorney- 
General,  and  General  Treasurer,  shall  be  placed  upon 
one  ticket,  and  all  votes  for  these  officers  shall  in 
open  town  or  ward  meeting,  be  sealed  up  by  the 
moderators  and  town  clerks,  and  by  the  wardens  and 
ward  clerks,  who  shall  certify  the  same,  and  deliver 
or  send  the  same  to  the  Secretary  of  State,  whose 
duty  it  shall  be  securely  to  keep  and  deliver  the  same 
to  the  grand  committee  after  the  organization  of  the 
two  Houses,  at  the  annual  May  session ;  and  it  shall 
be  the  duty  of  the  two  Houses  at  said  session,  after 
their  organization,  upon  the  request  of  either  House, 
to  join  in  grand  committee  for  the  purpose  of  count- 
ing and  declaring  such  votes,  and  of  electing  other 
officers.     R.  I.,  478. 

—  A.t  said  election  the  polls  shall  be  opened,  the 
election  held,  returns  made,  and  certificates  issued  in 
all  respects  as  provided  by  law  for  opening,  closing 
and  conducting  elections  and  making  returns  of  the 
same,  except  as  hereinbefore  specified,  and  excepting 
also  that  polls  may  be  opened  and  elections  held  at 


any  point  or  points,  in  any  of  the  counties  where 
precincts  may  be  established  as  provided  by  law,  ten 
days  previous  to  the  day  of  election,  and  not  less 
than  ten  miles  from  the  place  of  voting  in  any  estab- 
lished precinct.     Min.,  332. 

— In  all  elections  held  by  the  people,  under  this  Con- 
stitution, a  majority  of  all  the  electors  voting  shall  be 
necessary  to  the  election  of  the  person  voted  for 
R.  L,  479  ;  Or.,  449  ;  Vl.,  528. 
— In  all  elections  of  civil  officers  by  the  people  of 
this  Commonwealth,  whose  election  is  provided  for 
by  the  Constitution,  the  person  having  the  highest 
number  of  votes  shall  be  deemed  and  declared  to  be 
elected.     Mass.,  297. 

— The  return  of  every  election  for  Governor  and 
Lieutenant-Governor  shall  be  sealed  up  and  trans- 
mitted to  the  seat  of  government  of  the  State, 
directed  to  the  Speaker  of  the  House  of  Representa- 
tives, who  shall  open  and  publish  them  in  the 
presence  of  both  Houses  of  the  General  Assembly. 
Iowa,  187. 

— The  said  judges  of  election,  before  entering  upon 
the  duties  of  their  office,  shall  take  and  subscribe  an 
oath  faithfully  to  discharge  their  duties  as  such. 
They  shall  appoint  two  clerks  of  election,  who  shall 
be  sworn  by  one  of  said  judges  faithfully  to  discharge 
their  duties  as  such.  In  the  event  of  a  vacancy  in 
the  board  of  judges,  the  same  shall  be  filled  by  the 
electors  present.     Kan.,  207. 

— No  vote  in  any  election  by  the  people  shall  be  cast 
up  for,  nor  shall  any  certificate  of  election  be  granted 
to  any  person,  who  shall  not,  within  fifteen  days  next 
preceding  such  election,  have  taken,  subscribed  and 
filed  said  oath  [of  allegiance].  Mo.,  350. 
■ — It  shall  be  the  duty  of  the  judges  and  clerks  of 
election,  in  addition  to  the  returns  required  by  law 
for  each  precinct,  to  forward  to  the  Secretary  of  the 
Territory  by  mail,  immediately  after  the  close  of  the 
election,  a  certified  copy  of  the  poll-book,  containing 
the  name  of  each  person  who  has  voted  in  the  pre- 
cinct, and  the  number  of  votes  polled  for  and  against 
the  adoption  of  this  Constitution.  Min.,  332. 
— The  returns  of  election  for  Senators  and  members 
of  Assembly  shall  be  transmitted  to  the  Clerk  of  tlie 
Board  of  Supervisors,  or  County  Commissioners,  as 
the  case  may  be,  and  tlie  votes  shall  be  canvassed, 
and  certificates  of  election  issued,  as  now  provided 
by  law.      Wis.,  572. 

— The  returns  of  every  election  for  the  officers  named 
in  the  foregoing  section,  shall  be  made  to  the  Secretary 
of  State,  and  by  him  transmitted  to  the  Speaker  of 
the  House  of  Representatives,  who  shall  cause  the 
same  to  be  opened  and  canvassed  before  both  Houses 
of  the  Legislature,  and  the  result  declared  within 
three  days  after  each  House  shall  be  organized. 
Min.,  323. 

— The  Treasurer,  Secretary  and  Comptroller,  for  the 
time  being,  shall  canvass  the  votes  publicly.  The 
twelve  persons  having  the  greatest  number  of  votes 
for  Senators  shall  be  declared  to  be  elected.  But  in 
cases  where  no  choice  is  made  by  the  electors  in  con- 
sequence of  an  equality  of  votes,  the  House  of  Rep- 
resentatives shall  designate,  by  ballot,  which  of  the 
candidates  having  such  equal  number  of  votes  shall 
be  declared  to  be  elected.  The  return  of  votes  and 
the  result  of  the  canvass  shall  be  submitted  to  the 
House  of  Representatives,  and  also  to  the  Senate,  on 
the  first  day  of  the  session  of  the  General  Assembly ; 
and  each  House  shall  be  the  final  judge  of  the  election 
returns  and  qualifications  of  its  own  members.  Ct., 
109. 

— Until  otherwise  provided  by  law,  elections  for 
judges  and  clerks  shall  be  held,  and  the  poll-books 
returned,  as  is  provided  for  Governor,  and  the  abstract 
therefrom  certified  to  the  Secretary  of  State,  shall 
be  by  him  opened,  in  the  presence  of  the  Governor, 
who  shall  declare  the  result,  and  issue  commissions  to 
the  persons  elected.  Ohio,  445. 
— The  returns  of  all  elections  of  Governor,  Lieuten- 
ant-Governor, and  other  State  officers  shall  be  made 
to  the  Secretary  of  State  in  such  manner  as  may  be 
prescribed  by  law.     Miss.,  343 ;  Mo.  356. 


40 


-  -Returns  of  elections  for  all  civil  officers  elected  by 
the  people  who  are  to  be  commissioned  by  the  Gov- 
ernor, and  also  for  members  of  the  General  Assembly, 
shall  be  made  to  the  Secretary  of  State.  Ala.,  82. 
— Contested  elections  for  Governor  shall  be  deter- 
mined b}'  the  Legislative  Assembly  in  such  manner 
as  may  be  prescribed  by  law.  Or.,  452. 
— Contested  elections  for  Governor  and  Lieutenant- 
Governor  shall  be  determined  by  both  Houses  of 
the  General  Assembly,  according  to  such  regulations 
as  may  be  established  by  law.  I\y.,  214. 
— Tlie  returns  of  the  votes  for  Governor  at  the  said 
next  ensuing  election,  shall  be  transmitted  to  the 
Secretary  of  State,  the  votes  counted,  and  the  elec- 
tion declared,  in  the  manner  now  provided  by  law  in 
the  case  of  the  election  of  Electors  of  President  and 
Vice-President.     M.  J.,  42\. 

— The  Speaker  of  tlie  Hou.se  of  Delegates  shall  then 
open  the  said  returns  in  the  presence  of  both  Houses, 
and  the  person  having  the  highest  number  of  votes 
and  being  constitutionally  eligible,  shall  be  the  Gov- 
ernor, and  shall  qualify  in  the  manner  herein  pre- 
scribed, on  the  second  Wednesday  of  January  ne.xt 
ensuing  his  election,  or  as  soon  thereafter  as  may  be 
practicable.     Mil.,  258. 

— The  returns  of  every  election  for  the  officers  named 
in  the  foregoing  section,  shall  be  sealed  up  and  trans- 
mitted to  the  seat  of  Government  by  the  returning 
officers,  directed  to  the  President  of  the  Senate,  who 
during  the  first  week  of  the  session,  shall  open  and 
publish  them,  and  declare  the  result  in  the  presence 
of  a  majority  of  the  members  of  each  House  of  the 
Legislature.     Neb.,  373. 

— If  no  person  shall  have  a  majority  of  votes  for 
Governor,  it  shall  be  the  duty  of  the  grand  commit- 
tee to  elect  one  by  ballot  from  the  two  persons  hav- 
ing the  highest  number  of  votes  for  the  office,  except 
when  such  a  result  is  produced  by  rejecting  the  entire 
vote  of  any  town,  city  or  ■ward,  lor  informality  or 
illegality,  in  which  case  a  new  election  by  the  elect- 
ors throughout  the  State  shall  be  ordered ;  and  in 
case  no  person  shall  have  a  majority  of  votes  for 
Lieutenant-Governor,  it  shall  be  the  duty  of  the 
grand  committee  to  elect  one  by  ballot  fi'om  the  two 
persons  having  the  highest  number  of  votes  for  the 
office.     R.  I.,  478. 

— The  General  Assembly  shall,  at  its  first  session 
after  the  adoption  of  this  Constitution,  provide  by 
law  for  the  mode  of  voting  by  ballot,  and  also  for  the 
manner  of  returning,  canvassing  and  certifying  the 
number  of  votes  cast  at  any  election  ;  and  until  said 
law  shall  be  passed  all  elections  shall  be  viva  voce, 
and  the  laws  now  in  force  regulating  elections  shall 
continue  in  force  until  the  General  Assembly  shall 
provide  otherwi.se,  as  herein  directed.  III.,  168. 
— And  the  Governor  shall  exclude  from  the  count  the 
votes  of  any  county  or  city  the  return  judges  of 
which  shall  fail  to  certify  in  the  returns,  as  prescribed 
by  this  schedule,  that  all  persons  wlio  have  taken  the 
oath  prescribed  to  be  taken,  unless  the  Governor  shall 
be  satisfied  that  such  oath  was  actually  administered, 
and  that  the  failure  to  make  the  certificate  has  been 
from  inadvertence  or  mistake.  Md.,  278. 
— The  returns  of  every  election  for  Governor  shall  be 
sealed  up  and  transmitted  to  the  Speaker  of  the 
House  of  Representatives,  who  shall,  during  the  first 
week  of  the  session,  open  and  publish  them  in  the 
presence  of  both  houses  of  the  General  Assembly. 
The  per.-ion  having  the  highe.st  number  of  votes  shall 
be  Governor ;  but  if  two  or  more  shall  be  equal  and 
highest  in  votes,  one  of  them  shall  be  chosen  Gov- 
ernor by  the  joint  vote  of  both  houses  of  the  General 
Assembly,  in  such  manner  as  shall  be  prescribed  by 
law.  Ark,  88;  (nearly  similar)  Cal,  100;  S.  C, 
485. 

— The  ballots  for  Senators  and  Representatives  in  the 
several  towns,  shall,  in  each  case  after  the  polls  are 
declared  to  be  closed,  be  counted  by  the  moderator, 
who  shall  announce  the  result,  and  the  clerk  shall 
give  certificates  to  the  persons  elected.  If,  in  any 
case  there  be  no  election,  the  polls  may  be  re-opened, 
and  the  like  proceedings  shall  be  had  until  an  election 


shall  take  place ;  Provided,  however,  that  an  adjourn- 
ment or  adjournments  of  the  election  may  be  made 
at  a  time  not  exceeding  seven  days  from  the  first 
meeting.     R.  I.,  478. 

— The  vote  for  Governor,  Lieutenant-Governor  and 
Treasurer  of  the  State  shall  be  sorted  and  counted, 
and  the  result  declared  by  a  committee  appointed  by 
tlie  Senate  and  House  of  Representatives.  If  at  any 
time  there  shall  be  no  election  by  the  freemen,  of 
Governor,  Lieutenant-Governor  and  Treasurer  of  the 
State,  the  Senate  and  House  of  Representatives  shall 
by  a  joint  ballot,  elect  to  fill  the  office  not  filled  by 
the  freemen,  as  aforesaid,  one  of  the  three  candidates 
for  such  office  (if  there  be  so  many),  for  whom  the 
greatest  number  of  votes  shall  have  been  returned. 
Vt,  520. 

— The  General  Assembly  shall  make  provi.sion  for  all 
cases  of  contested  elections,  of  any  of  the  officers  not 
herein  provided  for.  Md.,  264;  (nearly  similar), 
Ohio,  434. 

— Contested  elections  of  Judges  of  the  Supreme  Court 
shall  be  tried  by  the  Senate,  and  of  Judges  of  the 
Circuit  Court,  by  the  Supreme  Court,  and  the  General 
Assembly  shall  prescribe  the  manner  of  proceeding 
therein.     ///.,  160. 

— The  General  Assembly  shall  provide  by  law  for  the 
trial  of  any  contested  election  of  Auditor,  Register, 
Treasurer,  Attorney-General,  Judges  of  Circuit 
Courts,  and  all  other  officers  not  otherwise  herein 
specified,     Kij.,  221. 

— Returns  of  all  elections  by  the  people  shall  be  made 
to  the  Secretary  of  State,  for  the  time  being,  except 
in  those  cases  otherwise  provided  for  in  this  Constitu- 
tion, or  which  shall  be  otherwise  directed  by  law. 
Ay.,  220;  (nearly  similar).  Ark.,  03. 
— Returns  of  elections  for  members  of  Congress  and 
the  General  Assembly  shall  be  made  to  the  Secretary 
of  State,  in  manner  to  be  prescribed  by  law.  Fl., 
136;  La.,  220;  Mo.,  357. 

— Until  otherwise  provided  by  law,  an  abstract  of 
the  returns  of  every  election,  for  the  officers  named 
in  the  foregoing  section,  shall  be  sealed  up  and  trans- 
mitted by  the  clerks  of  the  boaids  of  canvassers  of 
the  several  counties  to  the  Secretary  of  State,  who, 
with  the  Lieutenant-Governor  and  Attorney-General, 
shall  constitute  a  board  of  State  Canvassers,  whose 
duty  it  shall  be  to  meet  at  the  State  Capital  on  the 
second  Tuesday  of  December  succeeding  each  election 
for  State  officers  and  canvass  the  vote  for  such  offi- 
cers and  proclaim  the  result;  but  in  case  any  two  or 
more  have  an  equal  and  the  highest  number  of  votes, 
the  Legislature  shall,  by  joint  ballot,  choose  one  of 
said  persons  so  having  an  equal  and  the  highest 
number  of  votes  for  said  office.  Kan.,  108. 
— The  town  and  ward  clerks  shall  also  keep  a  correct 
list  or  register  of  all  persons  voting  for  general  officers, 
and  shall  transmit  a  copy  thereof  to  the  General 
Assembly,  on  or  before  tlie  first  day  of  said  May 
session.     R.  /.,  478. 

— -That  returns  of  the  election  of  Justices  of  the 
Supreme  and  Judges  of  the  Circuit  Courts,  Secretary 
of  State,  Auditor,  and  Treasurer,  shall  be  made  and 
canvassed,  as  is  now  provided  liy  law  for  Represen- 
tatives in  Congress;  and  returns  for  members  of  the 
General  Assembly  and  county  officers  shall  be  made 
and  canvassed  as  is  now  provided  by  law.  ///.,  168. 
— In  case  two  or  more  persons  have  an  equal  and 
the  highest  number  of  votes  for  any  office,  as  can- 
vassed by  the  Board  of  State  Canvassers,  the  Legis- 
lature, in  joint  convention,  shall  choo.se  one  of  said 
persons  to  fill  such  office.  When  the  determination 
of  the  Board  of  State  Canvassers  is  contested,  the 
Legislature,  in  joint  convention,  .shall  decide  which 
person  is  elected.     Mich.,  308. 

— The  Legislature  shall  prescribe  by  law  the  manner 
in  which  evidence  in  ca.ses  of  contested  seats  in 
either  House  shall  be  taken.  Min.,  322. 
— In  case  of  a  contested  election,  the  person  only 
shall  receive  from  the  State  per  diem  compensation 
and  mileage,  who  is  declared  to  be  entitled  to  a  seat 
by  the  House  in  which  the  contest  takes  jilacc. 
Mich.,  303. 


41 


— The  Legislature  shall,  by  law,  direct  the  manner 
of  notifying  the  electors,  conducting  the  elections, 
and  making  the  returns  to  the  Governor  of  the 
officers  elected ;  and  if  the  electors  shall  neglect  or 
refuse  to  make  such  elections,  after  being  duly  noti- 
fied according  to  law,  the  Governor  shall  appoint 
suitable  persons  to  fill  such  offices.  Me.,  246. 
— It  shall  not  be  necessary  for  the  town  or  ward 
clerks  to  keep  and  transmit  to  the  General  Assembly 
a  list  or  register  of  all  persons  voting  for  general  offi- 
cers ;  but  the  General  Assembly  shall  have  power  to 
pass  such  laws  on  the  subject  as  they  may  deem 
expedient.     R.  I.,  481. 

— The  General  Assembly  shall  direct,  by  law,  the 
mode  and  manner  of  conducting  and  making  due 
returns  to  the  Secretary  of  State,  of  all  elections  of 
the  Judges  and  Clerk  or  Clerks  of  the  Court  of 
Appeals,  and  of  determining  contested  elections  of  any 
of  these  officers.     Ky.,2\Q. 

— If  two  or  more  persons  shall  have  the  highest  and 
an  equal  number  of  votes,  one  of  them  shall  be  chosen 
Governor  by  the  Senate  and  House  of  Delegates; 
and  all  questions  in  relation  to  the  eligibility  of  Gov- 
ernor, and  to  the  returns  of  said  election,  and  to  the 
number  and  legality  of  votes  therein  given,  shall  be 
determined  by  the  House  of  Delegates;  and  if  the 
person  or  persons  having  the  highest  number  of  votes 
be  ineligible,  the  Governor  shall  be  chosen  by  the 
Senate  and  House  of  Delegates.  Every  election  of 
Governor  by  the  General  Assembly  shall  be  deter- 
mined by  a  joint  majority  of  the  Senate  and  House 
of  Delegates,  and  the  vote  shall  be  taken  viva  voce. 
But  if  two  or  more  persons  shall  have  the  highest 
and  an  equal  number  of  votes,  then  a  second  vote 
shall  be  taken,  which  shall  be  confined  to  the  persons 
having  an  equal  number;  and  if  the  votes  should 
be  again  equal,  then  the  election  of  Governor  shall 
be  determined  by  lot  between  those  who  shall  have 
the  highest  and  an  equal  number  on  the  first  vote. 
Md.,  259. 

— The  manner  of  conducting  and  making  returns  of 
elections,  of  determining  contested  elections,  and 
of  filling  vacancies  in  office,  in  cases  not  specially 
provided  for  by  this  Constitution,  shall  be  prescribed 
by  law ;  but  special  elections  to  fill  vacancies  in  the 
office  of  judge  of  any  court  shall  be  for  a  full  term. 
And  the  General  Assembly  may  declare  the  cases  iu 
which  any  office  shall  be  deemed  vacant,  where  no 
provision  is  made  for  that  purpose  in  this  Constitution. 
Va.,  539. 

— The  person  having  the  highest  number  of  votes  for 
Governor  shall  be  elected  ;  but  in  case  two  or  more 
persons  shall  have  an  equal  and  the  highest  number 
of  votes  for  Governor,  the  two  Houses  of  the  Legis- 
lative Assembly,  at  the  next  regular  session  thereof, 
shall  forthwith,  by  joint  vote,  proceed  to  elect  one 
of  the  said  persons  Governor.  Or.,  452. 
— Should  there  be  no  session  of  the  General  Assem- 
bly in  January  next  after  an  election  for  any  of  the 
officers  aforesaid,  the  relurns  of  such  election  shall  be 
made  to  the  Secretary  of  State,  and  opened,  and  the 
result  declared  by  the  Governor,  in  such  manner  a.s 
may  be  provided  by  law.  Ohio,  435;  Neh.,  371. 
— The  General  Assembly  shall  provide  by  law  for  the 
making  of  the  returns  by  the  proper  officers,  of  the 
election  of  all  officers  to  be  elected  under  this  Consti- 
tution.    Ky.,'2.1\. 

[Detailed  provisions  made  for  returning  and  can- 
vassing elections.]  CI,  108,  114,  115;  Mass.,  284, 
286 ;  Me.,  242,  244,  252 ;  N.  K,  404 ;  R.  I.,  474 ;  Vt., 
528,  530. 


RESTRICTIONS    UPON    THE    HOLDING    OF 
OFFICE. 

— That  no  person  in  the  State  shall  hold  more  than 
one  lucrative  office  at  any  one  time ;  Provided.  That 
no  appointment  in  the  militia,  or  of  the  office  of  a 
Justice  of  the  Peace,  shall  be  considered  as  a  lucra- 
tive office.     N.  C,  42G. 


— No  member  of  Congress,  or  person  holding  any 
office  under  the  United  States,  or  minister  of  any 
religious  society,  shall  be  eligible  to  the  office  of  Gov- 
ernor.    Ky.,  213. 

— No  member  of  Congress,  nor  person  holding  or 
exercising  any  office  of  profit  or  trust  under  the  Uni- 
ted States,  or  either  of  them,  or  imder  any  foreign 
power,  shall  be  eligible  as  a  member  of  the  Legisla- 
ture, or  holil  or  exercise  any  office  of  profit  or  trust 
under  this  State.     Tex.,  516. 

— No  member  of  Congress,  nor  any  person  holding  any 
office  of  profit  or  trust  under  the  United  States  (post- 
masters excepted)  or  under  any  foreign  power ;  no 
person  convicted  of  any  infamous  crime  in  any  court 
within  the  United  States,  and  no  person  being  a 
defaulter  to  the  United  States,  or  to  this  State,  or  to 
any  county  or  town  therein,  or  to  any  State  or  Ter- 
ritory within  the  United  States,  shall  be  eligible  to 
any  office  of  trust,  profit  or  honor  in  this  State. 
Wis.,  570. 

— No  member  of  Congress,  nor  person  holding  any 
office  under  the  United  States  (post  officers  excepted), 
nor  office  of  profit  under  this  State,  Justices  of  the 
Peace,  Notaries  Public,  Coroners,  and  officers  of  the 
militia,  excepted,  shall  have  a  seat  in  either  House 
during  his  being  such  member  of  Congress,  or  his 
continuing  in  such  office.  Me.,  214. 
— No  member  of  Congress  or  officer  of  the  United 
States  shall  be  eligible  to  a  seat  in  the  I/egislature.  If 
any  person,  after  his  election  to  the  Legislature,  be 
elected  to  Congress,  or  elected  or  appointed  to  any 
office  under  the  United  States,  his  acceptance  thereof 
shall  vacate  his  seat.  Kan.,  199. 
— No  member  of  Congress,  nor  any  person  holding 
any  office  of  profit  or  trust  under  the  United  States 
(the  office  of  Postmaster  excepted),  or  any  other 
State  of  the  Union,  or  under  any  foreign  power,  shall 
hold  or  exercise  any  office  of  trust  or  profit  under 
this  State.     Miss.,  343. 

— No  member  of  Congress  or  person  holding  any 
civil  or  military  office  under  the  United  Suites  shall 
be  eligible  as  a  Senator  or  Delegate  ;  and  if  any  per- 
son shall,  after  his  election  as  a  Senator  or  Delegate, 
be  elected  to  Congress,  or  be  appointed  to  any  office, 
civil  or  military,  under  the  government  of  the  Uni- 
ted States,  his  acceptance  thereof  shall  vacate  his 
seat.     Md.,  201. 

— No  member  of  Congress  or  person  holding  an  office 
under  the  United  States,  or  this  State,  shall  exercise 
the  office  of  Governor;  and  in  case  the  Governor,  or 
person  administering  the  government,  shall  accept  of 
any  office  under  the  United  States  or  this  State,  his 
office  of  Governor  shall  thereupon  be  vacant.  N.  T., 
416. 

— No  member  of  Congress,  or  person  holding  any 
lucrative  office  under  the  United  States  or  this  State 
(militia  officers.  Justices  of  the  Peace,  and  Notaries 
Public  excepted),  shall  be  eligible  to  either  House  of 
the  General  Assembly,  or  shall  remain  a  member 
thereof  after  having  accepted  any  such  office,  or  a 
seat  in  either  House  of  Congress.  Mo.,  353. 
— No  member  of  Congress,  or  of  the  Legislature  of 
this  State,  nor  any  person  holding  any  office  under 
the  United  States  (post  offices  excepted),  nor  any 
civil  officers  under  this  State  (Justices  of  the  Peace 
and  Notaries  Public  excepted),  shall  be  Coun-sellors. 
And  no  Counsellor  shall  be  appointed  to  any  office 
during  the  time  for  which  he  shall  have  been  elected. 
Me.,  245. 

— No  member  of  Congress  or  person  holding  or  exer- 
cising any  office  of  profit  under  the  United  States, 
or  under  any  foreign  power,  shall  be  eligible  as  a 
member  of  the  General  Assembly  of  this  State,  or 
hold  or  exercise  any  office  of  profit  under  the  State ; 
and  no  person  in  this  State  shall  ever  hold  two  offices 
of  profit  at  the  same  time,  except  the  office  of  Justice 
of  the  Peace,  Notary  Public,  Constable,  and  Militia 
offices,  except  by  special  act  of  the  Legislature ;  but 
the  Legislature  shall  never  unite  in  the  same  person 
two  offices,  the  duties  of  which  are  incompatible. 
FJa.,  136. 


11 


42 


— No  person  holding  any  office  or  place  under  the 
United  States,  this  State,  or  any  other  power,  shall 
exercise  the  oIKce  of  Governor.  J/e.,  244. 
— No  person  holding  any  military  commission,  or 
other  appointment,  having  any  emolument  or  com- 
pensation anne.xed  thereto,  under  this  State  or  the 
United  States,  or  either  of  tliera  (except  Justices  of 
the  Inferior  Court,  Justices  of  the  Peace,  and  oftioers 
of  the  militia),  nor  any  defaulter  for  puhlio  money,  or 
for  any  legal  taxes  required  of  him,  shall  have  a  seat 
in  either  branch  of  the  General  Assembly,  nor  shall 
any  Senator  or  Representative,  after  his  quahfication 
as  such,  be  elected  by  the  General  Assembly,  or 
appointed  by  the  Governor,  with  the  advice  and  con- 
sent of  two-thirds  of  the  Senate,  to  any  office  liaving 
•nny  emolument  or  compensation  annexed  thereto, 
during  the  time  for  which  he  shall  have  been  elected. 
Oa.,  143. 

— No  person  holding  a  lucrative  office  or  appointment 
under  the  United  States,  or  under  this  State,  shall  be 
eligible  to  a  seat  in  the  General  Assembly  ;  nor  shall 
any  person  hold  more  than  one  lucrative  office  at  the 
same  time,  except  as  in  this  Coustilulion  expressly 
permitted.  Provided,  That  officers  in  the  militia,  to 
which  there  is  attached  no  annual  salary,  and  the 
office  of  deputy  postmaster,  where  the  compensation 
does  not  exceed  ninety  dollars  per  annum  shall  not 
be  deemed  lucrative  ;  And  proi'ided,  ahv,  That  coun- 
ties containiug  less  than  one  tliousand  polls  may  con- 
fer the  office  of  Clerk,  Recorder  and  Auditor,  or  any 
two  of  said  offices,  upon  the  same  person.  Ind.,  171. 
— No  person  holding  any  office  under  the  government 
of  the  United  States,  or  of  any  other  State  or  country, 
shall  act  as  a  general  officer  or  as  a  member  of  the 
General  Assembly,  unless  at  the  time  of  taking  his 
engagement  he  shall  have  resigned  his  office  under 
such  government ;  and  if  any  general  officer,  Senator, 
Representative,  or  Judge,  shall,  after  his  election  and 
engagement,  accept  any  appointment  under  any  other 
government,  his  office  under  this  shall  be  innnediately 
vacated ;  but  this  restriction  shall  not  apply  to  any 
person  appointed  to  take  depositions  or  acknowledg- 
ments of  deeds,  or  other  legal  instruments,  by  the 
authority  of  any  other  State  or  country.  R.  /.,  479. 
— That  no  officer  in  the  regular  army  or  navy,  in  the 
service  and  pay  of  the  United  States,  of  this  State, 
or  any  other  State,  nor  any  contractor  or  agent  for 
supplying  such  army  or  navy  with  clothing  or  pro- 
visions, shall  have  a  seal  either  in  the  Senate,  House 
of  Commons,  or  Council  of  State,  or  be  eligible 
thereto ;  and  any  member  of  the  Senate,  House  of 
Commons,  or  Council  of  State,  being  appointed  to, 
and  accepting  of  such  office,  shall  thereby  vacate  his 
seat.     N.  a,  425. 

— No  Governor  or  Judge  of  the  Supreme  Judicial 
Court  shall  hold  any  office  or  place  under  the 
authority  of  this  State,  except  such  as  by  this  Con- 
stitution they  are  admitted  to  hold,  saving  that  the 
judges  of  said  court  may  hold  the  offices  of  Justices 
of  the  Peace  throughout  the  State;  nor  shall  they 
hold  any  place  or  office,  or  receive  any  pension  or 
salary  from  any  other  State,  government  or  power 
whatever.     N.  H.,  410. 

—No  person  holding  any  lucrative  office  under  the 
United  States,  or  any  other  power,  shall  be  eligible 
to  any  civil  office  of  profit  under  this  State ;  provided, 
that  officers  in  the  militia,  to  which  there  is  attached 
no  annual  salary,  or  local  officers  and  postmasters 
whose  compensation  does  not  exceed  five  hundred 
dollars  per  annum,  shall  not  be  deemed  lucrative. 
C(d.,  99. 

— No  person  in  this  State  shall  be  capable  of  holding 
or  exercising  more  than  one  of  the  following  offices 
at  the  same  time,  viz.:  Governor,  Lieutenant-Gover- 
nor, Judge  of  the  Supreme  Court,  Treasurer  of  the 
State,  member  of  the  Council,  member  of  the  General 
Assembly,  Surveyor-Genera!  or  SlieriflF.  Nor  shall 
any  person,  holding  any  office  of  profit  or  trust  under 
the  authority  of  Congress,  be  eligible  to  any  appoint- 
ment in  the  Legislature,  or  of  holding  an  executive 
or  judiciary  office  under  this  State.  Vt.,  525. 
— No  person  shall  be  capable  of  exercising  at  the 


same  time  more  than  one  of  the  following  offices  in 
this  State,  viz. :  Judge  of  Probate,  SherilT,  Register 
of  Deeds,  and  never  more  tlian  two  offict-s  of  profit, 
which  may  be  held  by  appointment  of  the  Governor, 
or  Governor  and  Council,  or  Senate  and  House  of 
Representatives,  or  superior  or  inferior  courts :  mili- 
tary offices  and  offices  of  Justices  of  the  Peace 
excepted.     N.  H.,  410. 

— No  Judge  of  any  court  of  law  or  equity.  Secretary 
of  State,  Attorney-General,  .\ttorney  for  tlie  State, 
Recorder,  Clerk  of  any  Court  of  Record,  Sheriff  or 
CoUector,  member  of  either  House  of  Congress,  or 
person  holding  any  lucrative  office  under  the  United 
States  or  of  this  State;  Proinded,  Tliat  appointments 
in  the  militia,  or  Justices  of  the  Peace,  shnll  not  be 
considered  lucrative  offices;  shivll  have  a  seat  in  the 
General  A.sseinbly ;  nor  shall  any  person,  holding 
any  office  of  honor  or  profit  \mder  the  ffovernment 
of  the  United  States,  hold  any  office  of  honor  or 
profit  under  the  authority  of  this  State.  ///.,  153. 
— No  person  holding  any  lucrative  office  under  the 
government  of  the  United  States,  or  any  other 
power,  sh.all  be  eligible  to  any  civil  office  of  profit 
under  tliis  State ;  Provided,  That  Postmasters,  wliose 
compensation  does  not  exceed  five  hundred  dollars 
per  annum,  or  Commissioners  of  Deeds,  shall  not  be 
deemed  as  holding  a  hi(M-ative  office.  iVec,  382. 
— No  person  being  a  member  of  Congress,  or  holding 
any  military  or  civil  office  under  the  United  States, 
shall  be  eligible  to  a  seat  in  the  Legi-slature;  and  if 
any  person  shall,  alter  his  election  as  a  member 
of  the  Legislature,  be  elected  to  Congress,  or  be 
appointed  to  any  office,  civil  or  military,  under  the 
government  of  the  United  States,  his  acceptance 
thereof  shall  vacate  his  seat.  Neb.,  372. 
— No  person  holding  any  lucrative  office  under  the 
United  Slates  or  this  State,  or  any  other  power,  shall 
be  eligible  to  hold  a  seat  in  the  General  Assembly  ; 
but  offices  in  the  militia,  to  which  there  is  no  annual 
salary,  or  the  office  of  Justice  of  the  Peace,  or  Post- 
master, whose  compensation  does  not  exceed  one 
hundred  dollars  per  annum,  or  Notary  Public,  shall 
not  be  deemed  lucrative.  Iowa,  186. 
— No  person  convicted  of  embezzlement  or  misuse  of 
tlie  public  funds  shall  have  a  seat  in  the  Legislature. 
Kan.,  199. 

— No  person  who  may  hereafter  be  a  collector  or 
holder  of  public  moneys  shall  have  a  seat  in  either 
House  of  the  General  Assembly,  or  be  eligible  to  any 
office  of  trust  or  profit  under  this  State,  until  he  shall 
have  accounted  for  and  paid  into  the  Treasury  all 
sums  for  which  he  may  be  accountable.  FL,  136; 
Iowa,  \SG;  il/o.,  353  ;  K  C,  4:2?,;  Ohio,  433;  Teiin., 
494 ;   Tex.,  509 ;    W.  Va.,  550. 

— No  member  of  Congress,  nor  any  person  holding 
or  exercising  any  office  under  the  United  States,  shall 
at  the  same  time  hold  or  exercise  the  office  of  Judge, 
Treasurer,  Attorney-General,  Secretary,  Prolhono- 
tary.  Register  for  the  probate  of  wills  and  granting 
letters  of  administration,  Recorder,  Sherift',  or  any 
office  under  this  State,  with  a  salary  by  law  annexed 
to  it,  or  any  other  office  which  the  Legislature  shall 
declare  incompatible  with  offices  or  appointments 
under  the  United  States.  No  person  shall  hold  more 
than  one  of  the  following  offices  at  the  same  time,  to 
wit:  Treasurer,  Attorney-General,  Prothonolary, 
Register  or  Sheriff.     Del,  l\d. 

— No  person  shall  hold  or  exercise  at  the  same  time 
more  than  one  civil  office  of  emolument,  except 
that  of  Justice  of  the  Peace.  Tex ,  516. 
• — No  person  shaU  be  elected  or  appointed  to  any 
office  in  this  State,  unless  he  possess  the  qualifications 
of  an  elector.      Ohio,  443. 

— No  person  except  a  citizen  of  the  United  States 
and  a  qualified  elector  of  the  State  shall  be  eligible  ' 
to  any  office  provided  for  by  this  Constitution.     Neb., 
373. 

— No  person  holding  the  office  of  judge  of  any  court 
except  special  Judges,  Secretary,  Treasurer  of  the 
State,  Attornoy-Geneial,  Commissary-General,  mili- 
tary officers  receiving  pay  from  the  continent  or  this 
State,  excepting  officers  of  the  militia,  occasionally 


43 


1  §  5.  All  elections  by  the  citizens  shall  be  by  ballot,  except  for  such  town 

2  officers  as  may  by  law  be  directed  to  be  otherwise  chosen.(') 


called  forth  on  an  emergency,  Register  of  Deeds, 
Sberiff,  or  offiuers  of  the  customs,  including  naval 
officers,  collectors  of  excise  and  State  and  continental 
taxes,  hereafter  appointed,  and  not  having  settled 
their  accounts  with  the  respective  officers  with  whom 
it  is  their  duty  to  settle  such  accounts,  members  of 
Congress,  or  any  person  holding  any  office  under  the 
United  States,  shall  at  the  same  time  hold  the  office 
of  Governor,  or  have  a  seat  in  the  Senate,  or  House 
of  Representatives,  or  Council ;  but  his  being  chosen 
and  appointed  to  and  accepting  the  same,  shall 
operate  as  a  resignation  of  their  seat  in  the  chair. 
Senate  or  House  of  Representatives,  or  Council,  and 
the  place  so  vacated  shall  be  filled  up.  No  member 
of  the  Council  shall  have  a  seat  in  the  Senate  or 
House  of  Representatives.  N.  //.,  410. 
— But  no  person  shall  be  appointed  to  an  office  within 
a  county,  who  shall  not  have  a  right  to  vote  for 
Representatives,  and  have  been  an  inhabitant  therein 
one  year  next  before  his  appointment,  nor  hold  the 
office  longer  than  he  continues  to  reside  in  the  county. 
Del,  119. 

— No  person  who  shall  be  convicted  of  the  embezzle- 
ment or  defalcation  of  the  public  funds  of  this  State, 
shall  ever  be  eligible  to  any  office  of  honor,  trust,  or 
profit  under  this  State ;  and  tlie  Legislature  shall,  as 
soon  as  practicable,  pass  a  law  providing  for  the  pun- 
ishment of  such  embezzlement  or  defalcation  as  a 
felony.     Cat,  9J. 

— No  person  shall  be  appointed  to  any  office  within 
any  county  who  shall  not  have  been  a  citizen  and  an 
inhabitant  therein  one  year  next  before  his  appoint- 
ment, if  the  county  shall  have  been  so  long  erected ; 
but  if  it  shall  not  have  been  so  long  erected,  then 
within  the  limits  of  the  county  or  counties  out  of 
■which  it  shall  have  been  taken.  No  member  of  Con- 
gress from  this  State,  or  any  person  holding  or  exer- 
cising any  office  or  appointment  of  trust  or  profit 
under  the  United  States,  shall  at  the  same  time  hold 
or  exercise  any  office  in  this  State,  to  which  a  salary 
is,  or  fees  or  perquisites  are,  by  law,  annexed;  and 
the  Legislature  may  by  law  declare  what  State  offices 
are  incompatible.  No  member  of  the  Senate  or  of 
the  House  of  Representatives  shall  be  appointed  by 
the  Governor  to  any  office  during  the  term  for  which 
he  shall  have  been  elected.  Pa.,  4G6. 
— Every  elector  shall  be  eligible  to  any  office  in  this 
State,  except  in  cases  provided  for  in  this  Constitution. 

CL,  112;  (nearly  similar),  Ga.,  149;  iVei.,  371 ;  Min., 
326;  [none  but  voters  ehgible  to  office];  Del.,  119; 

W.  Va.,  548;  Min.,  326. 


(1).  y.  Y.,  (1821)  37;  Ala.,  82;  Mich.,  308;  Min., 
326;  (unless  otherwise  ordered)  Ga.,  150;   fe.  515. 


ELECTIONS  BY  BALLOT  AND   VIVA   VOCE. 

[All  elections  by  the  people  to  be  by  ballot].  Cal, 
97;  a,  112;  Del.,  120;  Fla.,  136;  III.,  162;  Iowa, 
184;  ICan.,  201;  La.,  233;  Md.,  258;  Mo.,  348; 
3/m.,  336;  Aw.,  380;  Pa.,  464 ;  Teiw.,  495;  Va., 
534 ;    R,  527 ;    W.  Va.,  548. 

[Elections  to  be  by  written  ballot].     Me.,  240. 

[The  e,xperlment  of  voting  by  ballot  to  be  tried]. 
N.  Y.,  (1777)  27. 

[Elections  to  office  in  Legislature  to  be  viva  voce]. 
Ala.,  76  ;  Cal,  100  ;  Fla.,  136  ;  Iowa,  187 ;  Kan.,  201 ; 
La.,  233  ;  Me.,  240  ;  Md.,  258 ;  Mich.,  302  ;  Min.,  323 ; 
Mo.,  3i8;  Neh.,ZTd;  Nev.,380;  N.  C,  428;  Ohio, 
435;  Or.,  449;  Pa.,  464;  S.  C,  484;  Tenn.,  495; 
Tex.,  515;  Wis.,  563.  .(In  most  of  these  States  the 
vote  is  required  to  be  entered  on  the  journals.) 
— In  all  elections,   votes  shall  be  given  openly  or 


viva  voce,  and  not  by  ballot ;  but  dumb  persons,  enti- 
tled to  suffrage,  may  vote  by  ballot.  Va.,  595; 
(amendment). 

— All  general  elections  shall  be  viva  voce  until  other- 
wise directed  by  law,  and  commence  and  be  holden 
every  two  years,  on  the  first  Monday  in  August, 
until  altered  by  law,  (except  that)  the  first  election 
under  this  Constitution  shall  be  held  on  the  second 
Monday  in  March,  1864,  and  the  electors  in  all  cases 
except  in  cases  of  treason,  felony  and  breach  of  the 
peace,  shall  be  privileged  from  arrest  during  their 
attendance  on  elections  and  in  going  to  and  returning 
therefrom.     Ark.,  86. 

— In  all  elections  by  the  people,  and  by  the  Senate 
and  House  of  Representatives,  jointly  or  separately, 
the  votes  shall  be  personally  and  publicly  given,  viva 
voce ;  Provided,  That  dumb  persons,  entitled  to  suff- 
rage, may  vote  by  ballot.  Ky.,  220. 
— Whenever  an  officer,  civil  or  military,  shall  be 
appointed  by  the  joint  or  concurrent  vote  of  both 
Houses,  or  by  the  separate  vote  of  either  House  of 
the  General  Assembly,  the  vote  shall  be  taken  viva 
voce,  and  entered  upon  the  journal.  Ark,  86; 
(nearly  similar),  Ala.,  76  ;  Cal,  100;  Iowa,  187 ;  Min., 
323  ;  Mo.,  354  ;  Neb.,  373 ;  S.  C,  484 ;  Wis.,  563. 
— The  voting  for  Governor,  Lieutenant-Governor, 
Secretary  of  State,  Attorney-General,  General  Treas- 
urer, and  Representatives  to  Congress,  shall  be  by 
ballot ;  Senators  and  Representatives  to  the  General 
Assembly,  and  town  or  city  officers,  shall  be  chosen 
by  ballot,  on  demand  of  any  seven  persons  entitled 
to  vote  for  the  same ;  and  in  all  cases  where  an 
election  is  made  by  ballot  or  paper  vote,  the  manner 
of  balloting  shall  be  the  same  as  is  now  required  in 
voting  for  general  officers  until  otherwise  prescribed 
by  law.     li.  I,  478. 

— All  elections  by  the  General  Assembly  shall  be 
viva  voce  and  the  vote  shall  always  appear  on  the 
journal  of  the  House  of  Representatives,  and  where 
the  Senate  and  the  House  of  Representatives  unite 
for  the  purpose  of  electing,  they  shall  meet  in  the 
Representative  Chamber,  and  the  President  of  the 
Senate  shall  in  such  cases  preside  and  declare  the 
person  or  persons  elected.     Ga.,  179. 


ELECTION    OP    GOVERNOR  —  CONTESTED 
ELECTIONS. 

— Statedly,  once  in  every  three  years,  and  as  often 
as  the  seat  of  government  shall  become  vacant,  a 
wise  and  discreet  freeholder  of  this  State,  shall  be,  by 
ballot,  elected  governor,  by  the  freeholders  of  this 
State,  qualified,  as  before  described,  to  elect  Senators; 
which  elections  shall  be  always  held  at  the  times  and 
places  of  choosing  representatives  in  Assembly  for 
each  respective  county ;  and  that  the  person  who  hath 
the  greatest  number  of  votes  within  the  said  State 
shall  be  governor  thereof.  N.  Y.  (1777),  28. 
— The  Governor  and  Lieutenant-Governor  shall  be 
elected  at  the  times  and  places  of  choosing  members 
of  the  Legislature.  The  persons  respectively  having 
the  highest  number  of  votes  for  Governor  and  Lieu- 
tenant-Governor, shall  be  elected ;  but  in  case  two  or 
more  shall  have  an  equal  and  the  highest  number  of 
votes  for  Governor,  or  for  Lieutenant-Governor,  the 
two  houses  of  the  Legislature  shall,  by  joint  ballot, 
choose  one  of  the  said  persons  so  having  an  equal 
and  the  highest  number  of  votes,  for  Governor,  or 
Lieutenant-Governor.  K  Y.  (1821),  38. 
— Every  person  qualified  to  vote  for  delegates  shall 
be  qualified  and  entitled  to  vote  for  Governor;  the 
election  to  be  held  in  the  same  manner  as  the  election 
of  delegates,  and  the  returns  thereof,  under  seal,  to 
be  addressed  to  the  Speaker  of  the  House  of  Dele- 
gates, and  inclosed  and  transmitted  to  the  Secretary 
of  State,  and  delivered  to  the  said  Speaker  at  the 


44 


commencement  of  the  session  of  the  General  Assem- 
bly next  ensuing  said  election.  Md.,  258. 
— The  returns  for  every  election  for  Governor  shall 
be  sealed  up,  and  transmit! ed  to  the  seat  of  govern- 
ment, directed  to  the  Speaker  of  the  House  of  Rep- 
resentatives, who  shall,  during  the  first  week  of  the 
Be?sion,  open  and  publish  them  in  the  presence  of 
both  Houses  of  the  General  Assembly.  The  person 
having  the  highest  number  of  votes,  shall  be  Gov- 
ernor; but  if  two  or  more  shall  be  equal  and  highest 
in  votes,  one  of  them  shall  be  chosen  Governor  by 
the  joint  vote  of  both  Houses.  Contested  elections 
for  Gcivernor  shall  be  determined  by  both  Houses  of 
the  General  Assembly,  in  such  manner  as  shall  be 
prescribed  by  law.  Ala.,  78;  (nearly  similar)  Fl, 
130;  III.,  157;  hd,  174;    Or.,  452;   Tex.,  512. 

[Returns  to  be  made  to  presiding  officer  of  the 
Senate,  and  published  as  above.]  W.  C,  424;  Ohio, 
435;  Po.,  4G3;  Term.,  494. 

— Returns  of  the  election  of  Governor  shall  be  made, 
in  the  manner  and  by  the  persons  designated  by  the 
Legislature,  to  the  Secretary  of  the  State,  who  shall 
deliver  them  to  the  Speaker  of  the  House  of  Dele- 
gates on  the  first  day  of  the  next  session  of  the  Legis- 
lature The  Speaker  shall,  within  ten  days  thereafler, 
in  the  presence  of  a  majority  of  each  branch  of  the 
Legislature,  open  the  said  returns,  when  the  votes 
shall  be  counted.  The  person  having  the  highest 
number  of  votes,  if  duly  qualified,  shall  be  declared 
elected ;  but  if  two  or  more  have  the  highest  and  an 
equal  number  of  votes,  one  of  them  shall  thereupon 
be  chosen  Governor  by  the  joint  vote  of  the  two 
branches.  Contested  elections  for  Governor  shall  be 
decided  by  a  hke  vote,  and  the  mode  of  proceeding 
in  such  cases  shall  be  prescribed  by  law.  IK  Va.,  552. 
— The  qualified  electors  for  Representatives  shall  vote 
for  Governor  and  Lieutenant-Governor  at  the  time 
and  place  of  voting  tor  Representatives;  the  returns 
of  every  election  shall  be  sealed  up  and  transmitted 
by  the  proper  returning  officer  to  the  Secretary  of 
State,  who  shall  deliver  them  to  the  Speaker  of  the 
House  of  Representatives  on  the  second  day  of  the 
session  of  the  General  Assembly  then  to  be  holden. 
The  Members  of  the  General  Assembly  shall  meet  in 
the  House  of  Representatives  to  examine  and  count 
the  votes.  The  person  having  the  greatest  number 
of  votes  for  Governor  shall  b?  declared  duly  elected ; 
l)ut  if  two  or  more  persons  shall  be  equal  and  the 
highest  in  the  number  of  votes  polled  for  Governor, 
one  of  them  shall  be  immediately  chosen  Governor 
by  joint  vote  of  the  members  of  the  General  Assembly. 
The  person  having  the  greatest  number  of  votes 
polled  for  Lieutenant-Governor  shall  be  Lieutenant- 
Governor;  but  if  two  or  more  persons  shall  he  equal 
and  highest  in  the  number  of  votes  polled  for  Lieuten- 
ant-Governor, one  of  them  shall  be  immediately 
chosen  Lieutenant-Governor  by  jomt  vote  of  the  mem- 
bers of  the  General  Assembly.     Iai.,  229. 

[Returns  to  be  directed  to  the  President  of  the 
Senate  and  Speaker  of  the  House,  and  transmitted 
to  the  Governor,  who  shall  lay  the  same,  without 
opening,  before  the  Senate  on  the  next  day  after  the 
organization.  The  Senate  to  transmit  them  to  the 
House,  and  they  are  to  be  published  at  a  joint  meet- 
ing. Contested  elections  to  be  decided  as  above]. 
Oa.,  146. 

— Votes  shall  deliver,  or  cause  them  to  be  delivered, 
to  the  Secretary,  within  fifteen  days  after  next  said 
election.  The  votes  so  returned  shall  be  counted  by 
the  Treasurer,  Secretary  and  Comptroller,  within  the 
month  of  April.  A  fair  list  of  the  persons,  and  num- 
ber of  voles  given  for  each,  together  with  the  returns 
of  the  presiding  officers,  shall  be,  by  the  Treasurer, 
Secretary  and  Comptroller,  made  and  laid  before  the 
General  Assembly,  then  next  to  be  holden,  on  the 
first  day  of  the  session  thereof;  and  said  Assembly 
shall,  after  examination  of  the  same,  declare  the  per- 
son whom  they  shall  find  to  be  legally  chosen,  and 
give  him  notice  accordingly.  If  no  pe-son  shall  have 
a  majority  of  the  whole  number  of  said  votes,  or  if 
two  or  more  shall  have  an  equal  and  the  greatest 
number  of  said  votes,  then  said  Assembly,  on  the 


second  day  of  their  session,  by  joint  ballot  of  both 
Houses,  shall  proceed,  without  debate,  to  choose  a 
Governor  from  a  list  of  the  names  of  the  two  persons, 
having  the  greatest  number  of  votes,  or  of  the  names 
of  tlie  persons  having  an  equal  and  highest  number 
of  votes  so  returned  as  aforesaid.  The  General 
Assembly  shall  by  law  prescribe  the  manner  in  which 
all  questions  concerning  the  election  of  a  Governor  or 
Lieutenant-Governor  shall  be  determined.  Ct.,  109. 
—The  Governor  shall  be  chosen  annually  in  the 
month  of  March;  the  votes  for  Governor  shall  bo- 
received,  sorted,  counted,  certified  and  returned,  in 
the  same  manner  as  the  votes  for  Senators ;  and  the 
Secretary  shall  lay  the  same  before  the  Senate  and 
House  of  Representatives,  on  the  first  Wednesday  of' 
June,  to  be  by  them  examined;  and  in  case  of  an 
election  by  a  majority  of  votes  through  the  State, 
the  choice  shall  be  by  them  declared  and  published. 
N.  II.,  405. 

— The  Governor  and  Lieutenant-Governor  shall  be 
elected  by  the  qualified  electors  of  the  State,  at  the 
times  and  places  of  choosing  members  of  the  Legis- 
lature. Q'lie  persons  respectively  having  the  highest, 
number  of  votes  for  Governor  and  Lieutenant-Gov- 
ernor shall  be  elected.  But  in  case  two  or  more 
shall  have  an  equal  and  the  highest  number  of  votes 
for  Governor  or  Lieutenant-Governor,  the  two 
Houses  of  the  Legislature,  at  its  next  annual  session, 
shall  forthwith,  by  joint  ballot,  choose  one  of  the- 
persons  so  having  an  equal  and  the  highest  number 
of  votes  for  Governor  and  Lieutenant-Governor. 
The  returns  of  election  for  Governor  and  Lieutenant- 
Governor  shall  be  made  in  such  manner  as  shall  be 
provided  by  law.      Wis.,  5G4. 

—The  return  of  every  election  for  Governor  and 
other  State  officers  voted  for  at  the  general  election, 
shall  be  sealed  up  and  transmitted  to  the  seat  of  gov- 
ernment, directed  to  the  Secretary  of  State,  and  on 
the  third  Monday  of  December  suceeding  such  elec- 
tion, the  Chief  Justice  of  the  Supreme  Court  and  the- 
Associate  Justices,  or  a  majority  thereof,  sliall  meet 
at  the  office  of  tlie  Secretary  of  State,  and  open  and 
canvass  tlie  election  returns  for  Governor  and  all 
other  State  officers,  and  forthwith  declare  the  result 
and  publish  the  names  of  the  persons  elected.  The 
persons  having  the  highest  number  of  votes  for  the 
respective  offices,  .shall  be  declared  elected;  but  in 
case  any  two  or  more  have  an  equal,  and  the  highest 
number  of  votes  for  the  same  office,  the  Legislature 
shall,  by  joint  vote  of  both  Houses,  elect  one  of  said 
persons  to  fill  said  office.  Nev.,  384. 
— In  case  two  or  more  persons  shall  have  an  equal 
and  the  highest  number  of  votes  for  Governor  or 
Lieutenant-Governor,  the  Legislature  shall,  by  joint 
vote,  choose  one  of  such  persons.  Mich.,  304; 
(nearly  similar).  Mo.,  355;  Iowa,  188;  N.  J.,  416; 
Ind.,  174;  Mo.,  356. 

—  Contested  elections  for  Governor  shall  be  deter- 
mined by  both  Houses  of  tlie  General  Assembly,  in 
such  manner  as  shall  be  prescribed  by  law.  N.  C, 
429;  Iowa,  188;  Ind.,  174. 

— The  person  having  the  highest  number  of  votes 
shall  be  Governor;  but  if  two  or  more  shall  be  equal 
and  highest  in  votes,  the  election  shall  be  determined 
by  lot,  in  such  manner  as  the  General  Assembly  may 
direct.     Ky.,  213. 

— Contested  elections  of  a  Governor  shall  be  deter- 
mined by  a  joint  committee,  consisting  of  one-third 
of  all  the  members  of  each  branch  of  the  Legislature, 
to  be  selected  by  ballot  of  the  House,  respectively; 
every  person  of  the  committee  shall  take  an  oath  or 
affirmation  that,  in  determining  the  said  election,  he 
will  faithfully  discharge  the  trust  reposed  in  him ;  and 
the  committee  shall  always  sit  with  open  doors.  Del, 
119. 

— The  Governor  shall  be  chosen  by  the  qualified 
voters  for  the  members  of  the  House  of  Commons, 
at  such  time  and  place  as  members  of  the  General 
Assembly  are  elected.  iV:C,429;  Cal,  \0Q ;  Ark., 
88;  Ala.,  781;  Ind.,  174;  Tex.,  512. 
— And  that  there  may  be  no  delay  in  the  organiza- 
tion of  the  government  on  the  first  Wednesday  of 


45 


ARTICLE   III. 


Section  1.  The  legislative  power  of  this  State  shall  be  vested  in  a  Senate 


2  and  Assembly. 

January,  the  Governor,  witli  at  least  five  Councillors 
for  tlietime  being,  shall,  as  soon  as  may  be,  examine 
the  returned  copies  of  the  records  for  the  election  of 
Governor,  Lieutenant-Governor  and  Councillors;  and 
ten  days  before  the  said  first  Wednesday  in  January 
he  shall  issue  his  summons  to  such  persons  as  appear 
to  be  chosen,  to  attend  on  that  day  to  be  qualified 
accordingly  ;  and  the  Secretary  shall  lay  tlie  returns 
before  the  Senate  and  the  House  of  Representatives 
on  the  said  first  Wednesday  in  January,  to  be  by 
tlieni  examined;  and  incase  of  the  election  of  either 
of  said  officers,  the  choice  shall  bo  by  them  declared 
and  published ;  but  in  case  there  shall  be  no  election 
of  either  of  said  officers,  the  Legislature  shall  proceed 
to  fill  such  vacancies  in  the  manner  provided  in  the 
Constitution  for  the  choice  of  such  officers.  Mass., 
297. 

— And  the  Senate  and  House  of  Representatives  may 
try  and  determine  all  cases  where  their  rights  and 
privileges  are  concerned,  and  which,  by  the  Constitu- 
tion, they  have  authority  to  try  and  determine,  by 
committees  of  their  own  members,  or  in  such  other 
way  as  they  may,  respectively,  think  best.  Mass., 
28(!. 

— A  contested  election  shall  be  determined  in  such 
manner  as  shall  be  directed  by  law.  Fla.,  132  ;  Iowa, 
185 ;  Miss.,  337. 


DISTRIBUTION   OF   THE  POWERS  OP  GOV- 
ERNMENT. 

— The  powers  of  the  government  shall  be  divided 
into  three  distinct  departments  —  the  Legislative, 
Executive  and  Judicial ;  and  no  person  or  persons 
belonging  to,  or  constituting  one  of  these  departments, 
shall  exercise  any  of  the  powers  properly  belonging  to 
either  of  the  others,  except  as  herein  expressly  pro- 
vided. N.  J.,  413 ;  (nearly  similar).  Ah.,  74 ;  Ark.,  85 ; 
Ca/.,  97;  «.,  108;  FL,  130;  Ga.,  143;  ///.,  151;  Ind., 
172;  Iowa,  181;  Ky.,  209;  La.,  225;  Me.,  241 ;  Mich., 
304;  Min.,  321;  Miss.,  33G;  Nth.,  381;  Or.,  449; 
Tenn.,  492  ;   Tex.,  507. 

— In  the  government  of  this  Commonwealth,  the 
legislative  department  shall  never  exercise  the 
executive  and  judicial  powers,  or  either  of  them  ;  the 
executive  shall  never  exercise  the  legislative  and 
judicial  powers,  or  either  ol  them ;  the  judicial  shall 
never  exercise  the  legislative  and  executive  powers, 
or  either  of  them ;  to  the  end  it  may  be  a  government 
of  laws,  and  not  of  men.  Mass.,  282. 
— That  the  Legislative,  Executive  and  Judicial  powers 
of  government  ought  to  be  forever  separate  and  dis- 
tinct from  each  other,  and  no  person  exercising  the 
functions  of  one  of  said  departments  shall  assume  or 
discharge  the  duties  of  any  other.  Md.,  254. 
— That  tlie  Legislative,  Executive  and  Supreme  Judi- 
cial powers  of  government,  ought  to  be  forever  sepa- 
rate and  distinct  from  each  other.  N.  (t,  421. 
— In  the  government  of  this  State,  the  three  essential 
powers  thereof,  to  wit,  the  legislative,  executive  and 
judicial,  ought  to  he  kept  as  separate  from,  and  inde- 
pendent of  each  other,  as  the  nature  of  a  free  govern- 
ment will  admit,  or  as  is  consistent  with  that  chain 
of  connection  that  binds  the  whole  fabric  of  the  Con- 
stitution in  one  indissoluble  bond  of  union  and  amity. 
N.  H.,  401. 

— The  powers  of  the  government  shall  be  distributed 
into  three  departments:  the  Legislative,  Executive 
and  Judicial.  /?./.,  475;  Terere.,  492. 
—  The  Legislative,  Executive  and  Judiciary  depart- 
ments shall  be  separate  and  distinct,  so  that  neither 
exercise  the  powers  properly  belonging  to  either  of 
the  others ;  nor  shall  any  person  exercise  the  powers 
of  more  than  one  of  them  at  the  same  time,  except 
12 


that  Justices  of  the  Peace  shall  be  eligible  to  either 
House  of  Assembly.      Va ,  533. 

— The  Legislative,  Executive  and  Judiciary  depart- 
ment shall  be  separate  and  distinct,  so  that  neither 
exercise  the  powers  properly  belonging  to  the  other. 
Vt.,  523. 

—  That  the  Legislative,  Executive  and  Judicial  powers 
should  be  separate  and  distinct,  and  that  the  members 
thereof  may  be  restrained  from  oppression,  by  feel- 
ing and  participating  the  burdens  of  the  people,  they 
should,  at  fixed  periods,  be  reduced  to  a  private  station, 
return  into  that  body  from  whicli  they  were  originally 
taken,  and  the  vacancies  be  supplied  by  frequent, 
certain  and  regular  elections,  in  which  all,  or  any 
part  of  the  former  members,  to  be  again  eligible,  or 
ineligible,  as  the  laws  shall  direct.  Va.,  531. 
— The  Legislative,  Executive  and  Judicial  depart- 
ments of  the  government  shall  be  separate  and  dis- 
tinct. Neither  shall  exercise  the  powers  properly 
belongingto  either  of  the  others.  No  person  shall  be 
invested  with  or  exercise  the  powers  of  more  than  one 
of  them  at  the  same  time.      W.  Va.,  640. 


LEGISL.^TIVE  POWER  —  HOW  VESTED. 

— Tlie  supreme  legislative  power  within  this  State 
shall  be  vested  in  two  separate  and  distinct  bodies  of 
men,  the  one  to  be  called  the  Assemblj'  of  the  State 
of  Now  York,  the  other  to  be  called  the  Senate  of 
the  State  of  New  York,  who  together  shall  form  the 
Legislature,  and  meet  once  at  least  in  every  year,  for 
the  despatch  of  business.  N.  Y.  (1777),  26. 
— The  Legislative  power  of  this  State  shall  be  vested 
in  a  Senate  and  Assembly.  N.  Y.  (1821),  35;  Wis., 
562. 

— The  legislative  power  of  this  State  shall  be  vested 
in  two  distinct  branches,  the  one  to  be  styled  the 
"Senate,"  and  the  other  the  "  House  of  Representa- 
tives," and  both  together  the  "  General  Assemhhj." 
Ala.,  75;  (nearly  simdar)  Ct.,  108;  Fl,  132;  Ky., 
209;  La.,  225;  Miss.,  33G;  Me.,  241;  li.  I.,  475: 
Vt.,  523,  528. 

—The  legislative  power  of  this  State  shall  be  invested 
in  a  General  Assembly,  which  shall  consist  of  a  Sen- 
ate and  House  of  Representatives.  Ark.,  87  ;  (nearly 
similar)  Del.,  117;  Ga.,  143;  ///.,  151;  Ltd.,  172; 
Iowa,  185;  Kan.,  198;  Mich,  301;  Min.,  321;  Mo., 
352;  Neb.,  ■ill;  Or.,  449;  S.  C.  482. 
— Tlie  Legislature  shall  consist  of  two  distinct 
branches,  a  Senate  and  a  House  of  Delegates,  which 
shall  be  styled  "  The  General  Assembly  of  Maryland." 
Md,  2G0. 

— The  department  of  legislation  shall  be  formed  by 
two  branches,  a  Senate  and  House  of  Representatives, 
each  of  which  sliall  have  a  negative  on  the  other. 
J/cw.,  282;  N.  II.,  401. 

— The  Legislative  power  shall  be  vested  in  a  Senate 
and  General  Assembly.  N.  J.,  413. 
— That  the  Legislative  authority  shall  be  vested  in 
two  distinct  branches,  both  dependent  on  the  people, 
to  wit,  a  Senate  and  House  of  Commons.  A"".  C'.,  423. 
— That  the  Senate  and  House  of  Commons,  assembled 
for  the  purpose  of  legislation,  shall  be  denominated 
the  General  Assembly.  N.  C,  423. 
— The  Legislative  power  of  this  State  shall  be  vested 
in  a  General  Assembly,  which  shall  consist  of  a 
Senate  and  House  of  Representatives.  Ohio,  433  ; 
(nearly  similar).  Pa.,  461. 

— The  Legislative  authority  of  this  State  shall  be 
vested  in  a  General  Assembly,  which  shall  consist  of 
a  Senate  and  House  of  Representatives,  both  depend- 
ent on  the  people.  Tenn  ,  492. 
— The  Legislative  powers  of  this  State  shall  be  vested 
in  two  distinct  branches ;  the  one  to  be  styled  the 


46 


1  §2.  The  Senate  shall  consist  of  thirty-two  members,  and  the  senators  shall 

2  be  chosen  for  two  j^ears.    The  assembly  shall  consist  of  one  hundred  and 

3  twenty-eight  members,  who  shall  be  annually  elected. 


Senate  and  the  other  the  House  of  Representatives, 
and  both  together,  the  Legislature  of  the  State. 
Tex.,  507. 

— Tlie  Legislative  power  of  this  Commonwealth 
shall  be  vested  in  a  General  Assembly,  whicli  shall 
consist  of  a  Senate  and  House  of  Delegates.  Va.,  534. 
— The  Legislative  power  shall  be  vested  in  a  Senate 
and  House  of  Delegates.  11'.  In.,  549. 
— The  concurrence  of  the  two  Houses  shall  be  neces- 
sary to  the  enactment  of  laws.  li.  I.,  475. 
— the  Legislative  authority  of  this  State  shall  be 
vested  in  a  Senate  and  Assembly,  which  shall  be  desig- 
nated "The  Legislatme  of  the  State  of ,"  and 

the  sessions  of  such  Legislature  shall  be  held  at  the 
seat  of  government  of  the  State.  Neb.,  381 ;  (nearly 
similar),  Cut.,  97. 


SENATORS - 


-THEIR  CLASSIFICATION  AND 
TERMS. 


[Under  the  N.  Y.  Constitution,  of  1777,  Senators 
were  elected  in  four  groat  districts,  for  a  term  of 
four  years,  and  were  clas.sed  so  that  one-fourth  of 
the  number  were  elected  annually.  In  1821,  the 
number  of  districts  was  increased  to  eight,  the  terra 
and  classes  being  as  before],  p.  28,  34,  35. 
— Senators  shall  be  chosen  for  the  term  of  four  years ; 
yet,  at  tlie  first  general  election  after  each  new  appor- 
tionment, elections  shall  be  held  anew  in  all  the  sena- 
torial districts;  and  tlie  Senators  elected,  when  con- 
vened at  tlie  next  ensuing  session  of  the  General 
Assembly,  sh;dl  be  divided  by  lot  into  two  classes,  as 
nearly  equal  to  each  other  as  may  be ;  the  seats  of 
the  Senators  of  the  first  class  shall  be  vacated  at  the 
expiration  of  two  years,  and  those  of  the  second 
class  at  the  expiration  of  four  years  from  the  day  of 
election,  so  that  (except  as  above  provided)  one-half 
of  the  Senato-'S  may  be  chosen  biennially.  Ala.,  75. 
— Senators  shall  be  chosen  for  tlie  term  of  two  years, 
at  the  same  time  and  places  as  members  of  Assemlily; 
and  no  person  shall  be  a  member  of  the  Senate  or 
Assembly  who  has  not  been  a  citizen  and  inhabitant 
of  the  State  one  year,  and  of  the  county  or  district 
for  which  he  shall  be  chosen  six  months  next  before 
his  election.     Cal,  98. 

— The  Senators  shall  be  chosen  for  [tour]  years  by 
the  citizens  residing  in  the  several  counties.  Del,  117. 
— The  Senators  at  their  first  session  herein  provided 
for  shall  be  divided  by  lot,  as  near  as  can  be,  into  two 
classes.  The  seats  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year,  and  those  of 
the  second  class  at  the  expiiation  of  the  fourth  year ; 
so  that  one-half  thereof;  as  near  as  possible,  may  be 
biennially  chosen  Ibrever  thereafter.  Ill,  152. 
— Senators  shall  be  elected  for  the  term  of  four  years, 
and  Representatives  for  the  term  of  two  years,  from 
the  day  next  after  their  general  election ;  provided, 
however.  That  the  Senators  elect,  at  the  second  meet- 
ing of  the  General  As.sembly  under  this  Constitution, 
shall  be  divided  by  lot  into  two  equal  classes,  as 
nearly  as  may  be ;  and  the  seats  of  Senators  of  the 
first  class  .shall  be  vacated  at  the  expiration  of  two 
years,  and  of  these  of  the  second  class  at  the  expira- 
tion of  four  years ;  so  that  one-half  as  nearly  as  pos- 
sible, shall  be  chosen  biennially  forever  thereafter. 
And  in  case  of  increase  in  the  number  of  Senators, 
they  shall  be  so  annexed  by  lot  to  one  or  the  other 
of  the  two  classes,  as  to  keep  them  as  nearly  equal 
as  practicable.  Iiid.,  172;  (nearly  similar)  Or.,  450. 
— Senators  shall  be  chosen  for  the  term  of  four  years, 
at  the  same  time  and  place  as  Representatives;  thoy 
shall  be  twentv-five  years  of  aj^e  and  possess  the 
qualifications  of  Representatives  as  to  residence  and 
citizenship.     Iowa,  185. 


— Senators  shall  be  chosen  for  the  term  of  four  years, 
and  the  Senate  shall  have  power  to  choose  its  officers 
biennially.     A'(/.,  210. 

— At  the  session  of  the  General  Assembly  next  after 
the  first  apportionment  under  this  Constitution,  the 
Senators  shall  be  divided  by  lot,  as  equally  as 
may  be,  into  two  cla,ises  ;  the  seats  of  the  first  class 
shall  be  vacated  at  the  end  of  two  years  from  the 
day  of  the  election,  and  those  of  the  second  class  at 
the  end  of  four  years,  so  that  one-half  shall  be  chosen 
every  two  years.     Ky.,  211. 

— The  members  of  tlie  Senate  shall  be  chosen  for  the 
term  of  four  years.  Tiie  Senate,  when  assembled, 
shall  have  the  power  to  choose  its  own  officers.  La., 
227. 

— At  the  first  session  of  the  General  Assembly,  after 
this  Constitution  takes  effect,  the  Senators  shall  be 
equally  divided  by  lot  into  two  classes;  the  seats  of 
the  Senators  of  the  first  class  shall  be  vacated  at  the 
expiration  of  the  term  of  the  first  House  of  Repre- 
sentatives; of  the  second  class,  at  the  expiration  of 
the  term  of  the  second  House  of  Repi'csentatives ;  so 
that  one-half  shall  be  chosen  every  two  years,  and  a 
rotation  thereby  kept  up  perpetually.  In  case  any 
district  shall  have  elected  two  or  more  Senators,  said 
Senators  sli;dl  vacate  their  seats  respectively  at  the 
end  of  the  term  aforesaid,  and  lots  shall  be  drawn 
between  them.     La  ,  228. 

— The  period  for  which  the  Governor.'',  Senators  and 
Representatives,  Counsellors,  Secretary  and  Treasurer, 
first  elected  or  appointed,  are  to  serve  in  their 
respective  offices  and  places,  shall  commence  on  the 
last  Wednesday  in  May,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  twenty,  and  continue 
until  the  first  Wednesday  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  twenty- 
two.     Me.,  249. 

— Immediately  after  the  Senate  shall  have  convened, 
after  the  first  election  under  this  Constitution,  the 
Senators  shall  be  divided  liy  lot  into  two  classes,  as 
nearly  equal  in  number  as  may  be;  Senators  of  the 
first  class  shall  go  out  of  office  at  the  expiration  of 
two  years,  and  Senators  shall  be  elected  on  the  Tues- 
day next  after  the  first  Monday  in  the  month  of 
November,  eighteen  hundred  and  sixty-six,  for  the 
term  of  four  years,  to  supply  their  places ;  so  that 
after  the  first  election,  one-half  of  the  Senators  may 
be  chosen  every  second  year.  In  case  the  number  of 
Senators  be  hereafter  increased,  such  classification 
of  the  additional  Senators  shall  be  made  as  to  ))re- 
serve  as  nearly  as  may  be,  an  equal  number  in  each 
class.     Md.,  261. 

— The  whole  number  of  Senators  shall,  at  the  several 
periods  of  making  the  enumeration  before  mentioned, 
be  fixed  by  the  Legislature,  and  apportioned  among 
tlie  several  Districts  to  be  established  by  law,  accord- 
ing to  the  number  of  free  white  inhabitants  in  each, 
and  shall  never  be  less  than  one-fourth,  nor  more 
than  one-third  of  the  whole  number  of  Representa- 
tives.    Mm.,  337. 

— Such  mode  of  classifying  new  additional  Senators 
shall  be  observed  as  will,  as  nearly  as  possible,  pre- 
serve an  equality  of  members  in  each  class.  Miss., 
337. 

— At  tlie  regular  session  of  the  General  Assembly 
chosen  at  said  election,  the  Senators  shall  be  divided 
into  two  eqaaX  classes.  Those  elected  from  districts 
bearing  odd  numbers  shall  compose  the  first  class, 
and  those  elected  fi-om  districts  bearing  even  num- 
bers shall  compose  the  second  class.  The  seats  of  the 
first  class  sliall  be  vacated  at  the  end  of  the  second 
year  after  the  day  of  said  election,  and  those  of  the 
second  class  at  the  end  of  the  fourth  year  after  that 
day ;  so  that  one-half  of  the  Senators  shall  be  chosen 
every  second  year.     In  districting  any  county  for  the 


4T 


election  of  Senators,  the  districts  shall  bo  numbered, 
so  as  to  effectuate  the  division  of  Senators  into 
classes,  as  required  in  this  section.  Mo.,  353. 
— The  Senators  to  be  elected  at  tlie  first  election 
under  this  Constitution  shall  draw  lots,  so  that  the 
term  of  one-half  of  the  number,  as  nearly  as  m^y  be, 
shall  expire  on  the  day  succeeding  the  general  elec- 
tion in  A.  D.  eighteen  hundred  and  sixty-six,  and 
the  term  of  the  other  half  shall  expire  on  the  day 
succeeding  tlie  election  in  A.  D.  eighteen  hundred 
and  sixty-eight ;  Provided,  That  in  drawing  lots  for 
all  Senatorial  terms,  the  Senatorial  representation 
shall  be  allotted  by  the  Legislature  in  long  and  short 
terms  as  hereinbefore  provided,  so  that  one-half  the 
number,  as  nearly  as  may  be,  shall  be  elected  every 
two  years.     Nev.,  394. 

— The  terms  of  the  members  of  the  Assembly  elected 
at  the  second  general  election  under  this  Constitution, 
shall  expire  on  the  day  succeeding  the  general  elec- 
tion in  A.  D.  eighteen  hundred  and  sixty-five ;  and 
the  terms  of  those  elected  at  the  general  election 
in  A.  D.,  eighteen  hundred  and  sixty-five  shall  expire 
on  the  day  succeeding  the  election  in  A.  D.  eighteen 
hundred  and  sixty-six.  Xev.,  394. 
— Senators  and  Representatives  shall  be  elected 
biennially,  by  the  electors  in  the  respective  counties 
or  districts,  on  the  second  Tuesday  of  October ;  their 
term  of  office  shall  commence  on  the  first  day  of  Jan- 
uary next  thereafter,  and  continue  two  years.  Ohio, 
433. 

— And  that  there  may  be  a  due  meeting  of  Senators 
on  the  first  Wednesday  of  June,  annually,  the  Gov- 
ernor, and  a  majority  of  the  Council,  for  the  time 
being,  shall,  as  soon  as  may  be,  examine  the  return 
copies  of  such  records,  and  fourteen  days  before  the 
first  Wednesday  of  June,  he  shall  issue  liis  summons 
to  such  persons  as  appear  to  be  chosen  Senators  by  a 
majority  of  votes,  to  attend  and  take  their  seats  on 
that  day;  Provided,  nevertheless.  That,  for  the  first 
year,  the  said  returned  copies  shall  be  examined  by 
the  President  and  the  majority  of  the  Council  then  in 
office;  and  the  said  President  shall,  in  like  manner, 
notify  the  persons  elected  to  attend  and  take  their 
seats  accordingly.     N.  II.,  402. 

— The  freeholders  and  other  inhabitants  of  each  dis- 
trict, qualified  as  in  this  Constitution  is  provided, 
shall  annually  give  in  their  votes  for  a  Senator,  at 
some  meeting  holden  in  the  month  of  March.  N.  H., 
403. 

— As  soon  as  the  Senate  shall  meet  after  the  first 
election  to  be  held  in  pursuance  of  this  Constitution, 
they  shall  be  divided  as  equally  as  may  be  into  three 
classes.  The  seats  of  the  Senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  first  year; 
of  the  second  class,  at  the  expiration  of  the  second 
year,  and  of  the  third  class,  at  the  expiration  of  the 
third  year ;  so  that  one  class  may  be  elected  every 
year,  and  if  vacancies  happen,  by  resignation  or 
otherwise,  the  persons  elected  to  supply  such  vacan- 
cies shall  be  elected  for  the  unexpired  terms  only. 
N.  y.,  413;  (nearly  similar).  Pa.,  4G1. 
— Members  of  tlie  Senate  and  General  Assembly 
shall  be  elected  yearly  and  every  year,  on  the  second 
Tuesday  of  October;  and  the  two  Houses  shall  meet 
separately  on  the  second  Tuesday  in  January  next, 
after  the  said  day  of  election  ;  at  which  time  of  meet- 
ing the  legislative  year  shall  commence  ;  but  the  time 
of  holding  such  election  may  be  altered  by  the  Legis- 
lature.    K  Y.,  413, 

— The  Senators  shall  be  chosen  for  three  years  by 
the  citizens  [of  Philadelpliia  and  of  the  several 
counties],  at  the  same  time,  in  the  same  manner,  and 
at  the  same  places  where  they  shall  vote  lor  Repre- 
sentatives.    Pa.,  4G1. 

— Upon  the  meeting  of  the  first  General  Assembly 
which  shall  be  chosen  under  the  provisions  of  this 
Constitution,  the  Senators  shall  be  divided,  by  lot, 
into  two  classes;  the  seats  of  the  Senators  of  the  one 
class  to  be  vacated  at  the  expiration  of  two  years 
after  the  Monday  following  the  general  election,  and 
of  tliose  ot  the  other  class  at  the  expiration  of  four 
years;  and  the  number  of  these  classes  shall  be  so 


proportioned  that  one-half  of  the  whole  number  of 
Senators  may,  as  nearly  as  possible,  continue  to  be 
chosen  thereafter  every  second  year.  S.  C,  483. 
— The  terms  of  office  of  the  Senators  and  Representa- 
tives chosen  at  the  general  election  shall  begin  on  the 
Monday  following  such  election.  S  C,  483. 
— Such  mode  of  classifying  new  additional  Senators, 
shall  be  observed  as  will  as  nearly  as  possible  preserve 
an  equality  of  number  in  each  class.  T^-x.,  507. 
— The  Senators  shall  be  chosen  by  the  qualified 
electors,  for  the  term  of  four  years,  and  shall  be 
divided,  by  lot,  into  two  classes,  as  nearly  equal  as  can 
be.  The  seats  of  the  Senators  of  the  first  class  shall 
be  vacated  at  the  expiration  of  the  first  two  years ; 
and  of  the  second  class  at  the  expiration  of  four  years; 
so  that  one-half  thereof  shall  be  chosen  biennially 
thereafter.     Tex.,  507. 

— The  term  of  office  of  Senators  shall  be  two  years, 
and  that  of  Delegates  one  3'ear.  The  Senators  first 
elected  shall  divide  themselves  into  two  classes,  one 
Senator  from  every  district  being  assigned  to  each 
class ;  and  of  these  classes,  the  first,  to  be  designated 
by  lot  in  such  manner  as  the  Senate  may  determine, 
shall  hold  their  offices  for  one  year,  and  the  second 
for  two  years;  so  that  after  the  first  election  one-half 
of  the  Senators  shall  be  elected  annually.  W.  Va. 
549. 

— The  Senators  shall  be  elected  for  the  term  of  four 
years,  for  the  election  of  whom  the  counties,  cities 
and  towns  shall  be  divided  into  thirty-four  districts. 
Va.,  535. 


NUMBER    OF    MEMBERS    IN    THE    TWO 
HOUSES. 

— That  the  Assembly  shall  consist  of  at  least  seventy 
members,  to  be  annually  chosen  in  the  several  coun- 
ties, in  the  proportions  following,  viz. :  N.  Y.,  (1777), 
26. 

[Limited  in  1801  to  100,  and  never  to  exceed  150. 
p.  34.  Fi.xed  in  1821  at  128.  The  original  number 
of  Senators  was  24,  with  a  conditional  increase, 
based  upon  a  census  of  electors.  The  number  was 
fixed  in  1801  at  32,  and  has  since  thus  remained,  p. 
34]. 

[The  whole  number  of  members  in  House  not  to 
exceed  one  hundred].     Ala.,  75. 
— The  whole  number  of  Senators  shall  be  not  less 
than   one-fourth,   nor   more   than   one-third,   of  the 
whole  number  of  Representatives.     Ala.,  75. 

[Number  in  House,  24  to  100,  on  ratio  of  1  to  500 
free  white  males  in  each  cointy,  till  the  number 
reaches  75,  and  then  no  increase  till  the  population 
amounts  to  500,000;  but  each  county  has  at  least  one. 
In  Senate,  on  ratio  of  1  to  1,500  free  white  males, 
till  the  number  reaches  25,  and  then  no  increase  till 
the  population  amounts  to  500,000].  Ark.,  85,  86. 
— Tlie  House  of  Representatives  shall  consist  of 
electors  residing  in  towns  from  wliicli  they  are 
elected.  The  number  of  Representatives  from  each 
tovi'u  shall  be  the  same  as  at  present  practiced  and 
allowed.  In  case  a  new  town  shall  liereafler  be 
incorporated,  such  new  town  sliall  be  entitled  to  one 
Representative  only;  and  if  such  new  town  shall  be 
made  from  one  or  more  towns,  the  town  or  towns 
from  which  the  same  shall  be  made  shall  be  entitled 
to  the  same  number  of  Representatives  as  at  present 
allowed,  unless  the  number  shall  be  reduced  by  the 
consent  of  such  town  or  towns.  Ct.,  108. 
— The  number  of  Senators  slRill  not  be  less  than  one- 
third,  nor  more  than  oue-half  of  that  of  the  mem- 
bers of  Assembly ;  and  at  the  first  session  of  the 
Legislature  after  this  Constitution  takes  effect,  the 
Senators  shall  be  divided  by  lot  as  equally  as  may  be, 
into  two  classes ;  the  seats  of  the  Senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first 
year,  so  that  one-half  shall  be  chosen  annually. 
Gal,  OS. 

— When  the  number  of  Senators  is  increased,  they 
shall  be  apportioned  by  lot,  so  as  to  keep  the  two 
classes  as  nearly  equal  iu  nutnber  as  possible.    Cal.,  98. 


48 


— From  and  after  the  first  Wednesday  of  May  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
thirt)',  the  Senate  of  this  State  shall  consist  of  not 
less  than  eighteen  nor  more  than  twenty-four  mem- 
bers, and  be  chosen  by  districts.      Ct.,  114. 

[I'rovision  relating  to  House  stated  in  Art.  Ill, 
§  3.]     «.,  108. 

— There  shall  be  seven  Representatives  chosen  in 
each  county,  until  a  greater  number  of  Representa- 
tives shall  by  the  General  Assembly  be  judged  neces- 
sary ;  and  then,  two-thirds  of  each  branch  of  the 
Legislature  concurring,  they  may  by  law  make  pro- 
vision for  increasing  their  number.  Del.,  117. 
— There  shall  be  three  Senators  chosen  in  each  county. 
When  a  greater  number  of  Senators  shall  by  the 
General  Assembly  be  judged  necessary,  two-thirds 
of  each  branch  concurring,  they  may  by  law  make 
provision  for  increasing  their  number  ;  but  the  num- 
ber of  Senators  shall  never  be  greater  than  one-half, 
nor  less  than  one-third  of  the  number  of  Representa- 
tives.    Del,  1 18. 

— The  General  Assembly  shall  also,  after  every  such 
enumeration,  proceed  to  hx  by  law  the  number  of 
Senators  which  shall  constitute  the  Senate  of  the 
State  of  Florida,  and  which  shall  never  be  less  than 
one-fourth  nor  more  than  one-half  of  the  whole  same 
number  of  the  House  of  Representatives;  and  they 
shall  lay  oft"  the  State  into  the  same  number  of  Sena- 
torial Districts,  as  nearly  equal  in  the  number  of 
inhabitants  as  may  be,  according  to  the  ratio  of  rep- 
resentation established  in  the  preceding  section,  each 
of  which.districts  shall  be  entitled  to  one  Senator. 
Fl,  137. 

[Number  in  House,  specified  by  counties].  Fl.,  137. 
— The  House  of  Representatives  shall  be  composed 
as  follows:  The  thirty-seven  counties  having  the 
largest  Representative  population,  shall  have  two 
Representatives  each.  Every  other  county  shall  have 
one  Representative.  The  designation  of  the  counties 
having  two  Representatives  shall  be  made  by  the 
General  Assembly  immediately  after  the  taking  of 
each  census.     Ga.,  145. 

[Number  of  Senators  44.  Specified  by  counties]. 
Oa.,  144. 

— The  Senate  shall  consist  of  twenty-five  membeis, 
and  the  House  of  Representatives  shall  consist  of 
seventy-five  members,  until  the  population  of  the 
State  shall  amount  to  one  million  of  souls,  when  five 
members  may  be  added  to  the  House,  and  five  addi- 
tional members  for  every  five  hundred  thousand 
inhabitants  thereafter,  until  the  whole  number  of 
Representatives  shall  amount  to  one  hundred ;  after 
which  the  number  shall  be  neither  increased  nor 
diminished;  to  be  apportioned  among  the  several 
counties  according  to  the  number  of  white  inhabitants. 
In  all  future  apportionments,  where  more  than  one 
county  shall  be  thrown  into  a  representative  district, 
alt  the  Representatives  to  which  said  counties  may  be 
entitled  shall  be  elected  by  the  entire  district.  III.,  152. 
— The  Senate  shall  not  exceed  fifty,  nor  the  Ilouse 
of  Representatives  one  hundred  members ;  and  they 
shall  be  chosen  by  the  electors  of  the  respective 
counties  or  districts  into  which  the  State  may  from 
time  to  time  be  divided.  Ind.,  172. 
— The  number  of  Senators  and  Representatives  shall, 
at  the  session  next  following  each  period  of  making 
such  enumeration,  be  fixed  by  law,  and  apportioned 
among  the  several  counties,  according  to  the  number 
of  wliite  male  inhabitants  above  twenty-one  years  of 
age  in  each;  Provided,  That  the  first  and  second 
elections  of  members  of  the  General  Assembly  under 
this  Constitution  shall  be  according  to  the  apportion- 
ment last  made  by  the  General  Assembly,  before  the 
adoption  of  this  Constitution.  Ind.,  172. 
— The  number  of  Senators  shall  not  be  less  than  one- 
third,  nor  more  than  one-half  of  the  Representative 
body  ;  and  shall  be  so  cla.ssified  by  lot  that  one  class, 
being  as  nearly  one-half  as  possible,  shall  be  elected 
every  two  years.  When  the  number  of  Senators  is 
increased,  they  shall  be  annexed  by  lot  to  one  or  the 
other  of  the  two  classes,  so  as  to  keep  them  as  nearly 
equal  in  numbers  as  practicable.     Iowa,  185. 


—  The  Senate  shall  not  consist  of  more  than  fifty 
members,  nor  the  Ilouse  of  Representatives  of  more 
than  one  hundred;  and  they  shall  be  apportioned 
among  the  several  counties  and  Representative  dis- 
tricts of  the  State  according  to  the  number  of  white 
inhabitants  in  each,  upon  ratios  to  be  fixed  by  law. 
But  no  Representative  district  shall  contain  more 
than  four  organized  counties,  and  shall  be  entitled  to 
one  Representative.  Every  county  and  district 
which  shall  have  a  number  of  inhabitants  equal  to 
one-half  of  the  ratio  fixed  by  law,  shall  be  entitled  tO' 
one  Representative;  and  any  one  county  containing, 
in  addition  to  the  ratio  fixed  by  law,  one-half  of  that 
number,  or  more,  shall  be  entitled  to  one  additional 
Representative.  No  floating  district  shall  hereafter 
be  tbrnied.     Iowa,  187. 

— The  first  House  of  Representatives  under  this  Con- 
stitution shall  consist  of  seventy-five  members,  who 
shall  be  chosen  for  one  year.  The  first  Senate  shall 
consist  of  twenty-five  members,  who  shall  be  chosen 
for  two  years.  After  the  first  election,  the  number 
of  Senators  and  members  of  tlie  House  of  Represent- 
atives shall  be  regulated  by  law;  but  shall  never 
exceed  one  hundred  Representatives  and  thirty-three 
Senators.     Kan.,  199. 

— The  number  of  Representatives  shall  be  one 
hundred,  and  the  number  of  Senators  thirty-eight. 
A'2/.,  211. 

— One  Senator  for  each  district  shall  be  elected  by 
the  qualified  voters  therein,  who  shall  vote  in  the 
precincts  where  they  reside,  at  the  places  where  elec- 
tions are  by  law  directed  to  be  held.  Kij.,  211. 
— The  House  of  Representatives  shall  con.sist  of  one 
hundred  and  fifty-one  members,  to  be  elected  by  the 
qualified  electors  for  one  year  from  the  next  day  pre- 
ceding the  annual  meeting  of  the  Legislature — which 
shall  first  be  convened  under  this  Constitution,  shall, 
on  or  before  the  fifteenth  day  of  August,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty- 
one,  and  the  Legislature  within  every  subsequent 
period  of  at  most  ten  years,  and  at  least  five,  cause 
the  number  of  the  inhabitants  of  the  State  to  be 
ascertained,  exclusive  of  foreigners  not  naturalized, 
and  Indians  not  taxed.  The  number  of  Representa- 
tives shall,  at  the  several  periods  of  making  such 
enumeration,  be  fixed  and  apportioned  among  the 
several  counties,  as  near  as  may  be,  according  to  the 
number  of  inhabitants,  having  regard  to  the  relative 
increase  of  population.  The  number  of  Representa- 
tives shall,  on  said  first  apportionment,  be  not  less 
than  one  hundred  nor  more  than  one  hundred  and 
fifty.     Me.,  241,  252. 

— The  Senate  shall  consist  of  not  less  than  twenty, 
nor  more  than  tliirty-one  members;  elected  at  the 
same  time,  and  for  the  same  term  as  the  Representa- 
tives, by  the  qualified  electors  of  the  district  into 
which  the  State  shall,  from  time  to  time,  be  divided. 
Me.,  242. 

[Representation  in  House  based  upon  white  popu- 
lation, and  in  Senate  one  from  each  county  except 
Baltimore,  which  has  three.]  Mil.,  260. 
— The  House  of  Representatives  shall  consist  of  two 
hundred  and  forty  members.  Ma.i.i.,  299. 
— The  Senate  shall  consist  of  forty  members.  Ma.is., 
299. 

— The  House  of  Representatives  shall  consist  of  not 
less  than  sixty-four,  nor  more  than  one  hundred 
members.  Representatives  shall  be  chosen  for  two 
years,  and  by  single  districts.  Bach  representative 
district  shall  contain,  as  nearly  as  may  be,  an  equal 
number  of  whit«  inhabitants,  and  civilized  persons  of 
Indian  descent,  not  members  of  any  tribe,  and  sliall 
consist  of  convenient  and  contiguous  territory.  But 
no  township  or  city  shall  be  divided  in  the  formation 
of  a  representative  district.  When  any  township  or 
city  shall  contfiin  a  population  which  entitles  it  to 
more  than  one  representative,  then  such  township 
or  city  shall  elect  by  general  ticket  the  number  of 
Representatives  to  which  it  is  entitled.  Each  county 
hereafter  organized,  with  such  territory  as  may  be 
attached  thereto,  shall  be  entitled  to  ^  separate  Rep- 
resentative when  it  has  attained  a  population  equal 


49 


to  a  moiety  of  the  ratio  of  representation.  In  every 
county  entitled  to  more  than  one  representative,  the 
Board  of  Supervisors  shall  assemble  at  such  time  and 
place  as  the  Legislature  shall  prescribe,  and  divide  the 
same  into  representative  districts,  equal  to  the  num- 
ber of  Representatives  to  which  such  county  is 
entitled  by  law,  and  shall  cause  to  be  filed  in  the 
office  of  the  Secretary  of  State  and  Clerk  of  such 
county  a  description  of  such  representative  districts, 
specifying  the  number  of  each  district,  and  the  popu- 
lation thereof,  according  to  the  last  preceding  enumer- 
ation.    Mich.,  301. 

— The  Senate  shall  consist  of  thirty-two  members. 
Senators  shall  be  elected  for  two  years  and  by  single 
districts.  Such  districts  shall  be  numbered  from  one 
to  thirty-two,  inclusive,  each  of  wliich  shall  choose 
one  Senator.  No  county  shall  be  divided  in  the 
formation  of  senate  districts,  except  such  county 
shall  be  equitably  entitled  to  two  or  more  Senators. 
Mich.,  301. 

[Number  of  Representatives  fixed  at  one  hundred, 
and  of  Senators  thirty-five.  With  specific  rules  for 
apportionment].  Ohio,  440,  441. 
— The  Senate  shall  consist  of  sixteen  and  the  Ilouse 
of  Representives  of  thirty-four  members,  which  num- 
ber shall  not  be  increased  until  the  year  eighteen 
hundred  and  sixty ;  after  which  time  the  Legislative 
Assembly  may  increase  the  number  of  Senators  and 
Representatives,  always  keeping  as  near  as  may  be 
the  Siirae  ratio  as  to  the  number  of  Senators  and 
Representatives.  Provided,  That  the  Senate  shall 
never  exceed  thirty  and  the  House  of  Representa- 
tives sixty  members.     Or.,  4-50. 

[Number  of  House  to  be  GO  to  100.  The  Senate 
to  be  not  less  than  one-fourth  nor  more  than  one- 
third  the  number  in  the  House  of  Representatives]. 
Pa.,  461. 

— The  House  of  Representatives  shall  never  exceed 
seventy-two  members.     R.  I.,  476. 
— The  Senate  shall  consist  of  the  Lieutenant-Gov- 
ernor and  of  one  Senator  from  each  town  or  city  in 
the  State.     li.  /.,  477. 

— The  Senate  shall  be  composed  of  one  member 
from  each  election  district,  except  the  election  district 
of  Charleston,  to  which  will  be  allowed  two  Senators. 
S.  C,  483. 

[The  House  to  consist  of  one  hundred  and  twenty- 
four  members].     S.  C,  482. 

[Number  of  Representatives  not  to  exceed  seventy- 
five,  until  the  population  amounts  to  1,500,000.  The 
Senate  not  to  exceed  one-third  that  of  the  House]. 
Teim.,  492,  493. 

— The  members  of  the  House  of  Representatives 
shall  be  chosen  by  the  qualified  electors,  and  their 
term  of  office  shall  be  two  years  from  the  day  of  the 
general  election  ;  and  the  sessions  of  the  Legislature 
shall  be  biennial,  at  such  times  as  shall  be  prescribed 
by  law.     Tex.,  507. 

[Representation  to  be  fixed  by  law.  House  from 
75  to  90  ;  Senate,  19  to  33.  Tex.,  5U9. 
— The  Senate  shall  be  composed  of  thirty  Senators, 
to  be  of  the  freemen  of  the  county  for  which  they 
are  elected,  respectively,  who  shall  have  attained  the 
age  of  thirty  years,  and  they  shall  be  elected  annu- 
ally by  the  freemen  of  each  county,  respectively. 
Vt.,  530. 

[Representation  in  House  by  towns].      Vl.,  528. 
— The  House  of  Delegates  shall  consist  of  not  less 
than  eighty  and  of  not  more  than  one  hundred  and 
four  members.     The  Senale  shall  never  be  less  than 
one-fourth,  nor  more  than  one-third  the  number  of 
the  House  of  Delegates.      Va..  534. 
—The   number   of   the   House   of   Delegates   shall, 
instead  of  forty-seven,  be  in  the  first  case  firty-seven, 
and  in  the  last,  fifty-two.      W.  Va.,  550. 
— The  Senate  shall  be  composed  of  eighteen,  and  the 
House  of  Delegates  of  forty-seven  members,  subject 
to  be  increased  according  to  the  provisions  hereinatler 
contained.      W.  Va.,  549. 

— The  number  of  the  members  of  the  Assembly  shall 
never   be   less  than   fifty-four,  nor  more  than   one 
hundred.     The  Senate  shall  consist  of  a  number  not 
13 


more  than  one-third,  nor  less  than  one-fourth  of  the 
number  of  the  members  of  the  Assembly.  Wis.,  562. 
— The  number  of  members  who  compose  the  Senate 
and  House  of  Representatives,  shall  be  prescribed  by 
law,  but  the  Representatives  in  the  Senate  shall 
never  exceed  one  member  for  every  five  thousand 
inhabitants,  and  in  the  House  of  Representatives,  one 
member  to  every  ten  thousand  inhabitants.  The 
representation  in  both  houses  shall  be  apportioned 
equally  throughout  the  different  sections  of  the  State, 
in  proportion  to  the  population  thereof,  exclusive  of 
Indians  not  taxable  under  the  provisions  of  law. 
Min.,  321. 

[Number  in  house  to  be  from  3G  to  100.]  Miss., 
337. 

— The  Senators  shall  be  chosen  by  the  qualified 
electors,  for  four  years,  and  on  their  being  convened 
in  consequence  of  the  first  election,  they  shall  be 
divided  by  lot  from  their  respective  districts  into  two 
classes,  as  nearly  equal  as  can  be.  And  the  seats  of 
the  Senators  of  the  first  class  shall  be  vacated  at  the 
expiration  of  the  second  year.  Miss.,  337. 
— The  Senate  sha!l  consist  of  thirty-four  members,  to 
be  chosen  by  the  qualified  voters,  for  four  years;  for 
the  election  of  whom  the  State  shall  be  divided  into 
convenient  districts.  Mo.,  352;  (number  in  house, 
fixed  at  200).     Mo.,  352. 

—  Senators  and  members  of  Assembly  shall  be  duly 
qualified  electors  in  the  respective  counties  and  dis- 
tricts which  tliey  represent,  and  the  number  of 
Senators  shall  not  be  less  than  one-third  nor  more 
than  one-half  of  that  of  the  Assembly.     Neb.,  381. 

—  The  Senate  shall  consist  of  thirteen  members,  and 
the  House  of  Representatives  shall  consist  of  thirty- 
nine  members,  and  shall  not  be  increa.sed  for  the 
term  often  years  after  the  adoption  of  this  Constitu- 
tion ;  Provided,  That  after  the  expiration  of  said  ten 
years,  the  Legislature  shall  huve  power  to  increa.se 
the  number  of  Senators  and  Representatives,  so  as  to 
correspond  with  the  increase  of  the  population  of  the 
State:  Provided,  Such  number  shall  at  no  time  be 
more  than  twenty-five  in  the  Senate  and  seventy-five 
in  the  House  of  Representatives.     iVi;6.,  372. 

— The  aggregate  number  of  members  of  both  branches 
of  the  Legislature  shall  never  exceed  seventy-five. 
Nev.,  392. 

— The  Senate  shall  consist  of  twelve  members,  who 
shall  hold  their  office  for  one  year,  from  the  first 
Wednesday  in  June,  next  ensuing  their  election. 
N.  H.,  403. 

[Representation  in  House,  by  towns  and  parishes.] 
N.  H.,  402. 

— The  Senate  shall  be  composed  of  one  Senator  from 
each  county  in  the  State,  elected  by  the  legal  voters 
of  the  counties  respectively  for  three  years.  N.  Y., 
413. 

[Number  in  House  not  to  exceed  60.]  N.  J.,  413. 
— The  Ilouse  of  Commons  shall  be  composed  of  one 
hundred  and  twenty  Representatives,  biennially 
chosen  by  ballot,  to  be  elected  by  counties  according 
to  their  federal  population,  that  is,  according  to  their 
respective  numbers,  which  shall  be  determined  by 
adding  to  the  whole  number  of  free  person.s,  includ- 
ing those  bound  to  service  for  a  term  of  years,  and 
excluding  Indians  not  taxed,  three-fifths  of  all  otlier 
persons;  and  each  county  shall  have  at  least  one 
member  in  the  House  of  Commons,  although  it  may 
not  contain  the  requisite  ratio  of  population.  N.  C, 
427. 

-The  Senate  of  this  State  shall  consist  of  fifty  Repre- 
sentatives, biennially  chosen  by  ballot,  and  to  be 
elected  by  districts;  which  districts  shall  be  laid  ofif 
by  the  General  .Assembly,  at  its  first  session  after  the 
year  one  thousand  eight  hundred  and  fifly-one;  for 
and  afterwards  at  its  first  session  after  the  year 
one  thousand  eight  hundred  and  fifty-one;  and 
then,  every  twenty  years  thereafter,  in  proportion  to 
the  public  taxes  paid  into  the  treasury  of  Ihe  State, 
by  the  citizens  thereof;  and  the  average  of  the  public 
taxes  paid  by  each  county  into  the  treasury  of  the 
State,  for  the  five  years  preceding  the  laying  ofif  of 
the  districts,  shall  be  considered  as  its  proportion  of 


50 


the  public  taxes,  and  constitute  the  basis  of  appor- 
tionment; Provided,  That  no  county  shall  be  divided 
in  the  formation  of  a  senatorial  district.  And  when 
there  are  one  or  more  counties  having  an  excess  of 
taxation  above  the  ratio  to  form  a  senatorial  district, 
adjoining  a  county  or  counties  deficient  in  such  ratio, 
the  excess  or  excesses  aforesaid  shall  be  added  to  the 
taxation  of  the  county  or  counties  deficient;  and  if, 
■with  such  addition,  the  county  or  counties  receiving 
it  shall  have  the  requisite  ratio,  such  county  and 
counties  each  shall  constitute  a  senatorial  district. 
JV:  C,  427. 


ELECTIONS  TO   THE  LEGISLATURE  — TERM 
OF  OFFICE. 


— The  Governor  and  Council  shall,  as  soon  as  may  be, 
examine  returned  copies  of  such  list,  and  twenty 
days  before  the  said  first  Wednesday  of  January, 
issue  a  summons  to  such  persons  as  shall  appear  to  be 
elected  by  a  majority  of  the  votes  in  each  district,  to 
attend  that  day  and  take  their  seatfi.  Me.,  243. 
— Members  of  both  Houses  of  tlie  General  Assembly 
shall  be  chosen  by  die  qualified  electors,  and  the  reg- 
ulations for  holding  such  elections  shall,  as  to  time, 
place  and  manner,  be  the  same  for  each  House,  and 
shall  be  prescribed  by  law.  After  the  special  election 
to  be  held  on  the  first  Monday  in  November,  18G5, 
such  elections  shall,  until  otherwise  directed  by  law, 
take  place  on  the  first  Monday  in  August.  Ala.,  75. 
— The  members  of  the  Assembly  shall  be  chosen 
annually,  by  the  qualified  voters  of  their  respective 
districts,  on  the  Tuesday  next  after  the  first  Monday 
in  November,  unless  otherwise  ordered  by  the  Legis- 
lature, and  their  term  of  office  shall  be  one  year. 
Cal,  98. 

— The  Representatives  shall  be  chosen  for  two  years, 
by  the  citizens  residing  in  the  several  counties.  Del., 
117;  Fl.,  132;  Ala.,  75. 

— The  members  of  the  House  of  Representatives 
shall  be  chosen  by  the  qualified  voters,  and  shall  serve 
for  the  term  of  two  years  from  the  day  of  the  gen- 
eral election,  and  no  longer,  and  the  sessions  of  the 
General  Assembly  shall  be  annual,  and  commence  on 
the  second  Wednesday  in  November  in  each  year. 
Fl,  132. 

— The  Representatives  shall  be  chosen  every  two 
years  on  the  first  Monday  in  the  month  of  October, 
until  otherwise  directed  by  law.     Fl ,  132. 

[Members  elected  biennially,    1st  Wednesday  in 
Oct.]     Ga.,  143. 

— The  members  of  the  House  of  Representatives 
shall  be  chosen  every  second  year,  by  the  qualified 
electors  of  their  respective  districts,  on  the  second 
Tuesday  in  October,  except  the  years  of  the  Presi- 
dential election,  when  the  election  shall  be  on  the 
Tuesday  next  after  the  first  Monday  in  November; 
and  their  term  of  office  shall  commence  on  the  first 
day  of  January  next  after  their  election,  and  continue 
two  years,  and  until  their  successors  are  elected  and 
qualified.     loiua,  185. 

— Representatives  shall  be  chosen  on  the  first  Mon- 
day of  November  every  two  years.     La.,  225. 


— The  members  of  the  House  of  Representatives 
shall  continue  in  service  for  the  term  of  two  years 
from  the  day  of  the  closing  of  the  general  elections. 
in.,  225. 

— The  members  of  the  House  of  Delegates  shall  bo 
elected  by  the  qualified  voters  of  the  counties  and 
the  legislative  districts  of  Baltimore  city  respectively, 
to  serve  for  two  years  from  the  day  of  their  election. 
Md.,  261. 

[The  members  of  the  House  of  Representatives 
shall  be  chosen  annually  in  the  month  of  May,  ten 
days  at  least  before  the  last  Wednesday  of  that 
month.]     Mass.,  286. 

— The  members  of  the  House  of  Representatives 
shall  be  chosen  by  the  qualified  electors,  and  shall 
serve  for  the  term  of  two  years,  from  the  day  of  the 
commencement  of  the  general  election,  and  no 
longer.     Miss.,  330. 

— The  Representatives  shall  be  chosen  every  two 
years,  on  the  first  Monday  and  day  following  in 
November.     Mi.'is.,  336. 

— The  members  of  the  Assembly  shall  be  chosen 
biennially,  by  the  qualified  electors  of  their  respective 
districts,  on  the  Tuesday  next  after  the  first  Jlonday 
in  November,  and  their  term  of  office  shall  be  two 
years  from  tlie  day  next  after  their  election.  Neb.,  381. 
— Senators  and  Representatives  shall  be  elected  bien- 
nially, by  the  electors  in  the  respective  counties  or 
districts,  on  the  second  Tuesday  of  October.  Their 
term  of  office  sliall  commence  on  the  first  day  of 
January  next  thereafter,  and  continue  two  years, 
except  the  Senators  and  Representatives  to  the  first 
Legislature  under  this  Constitution,  whose  election 
and  term  of  oflice  shall  be  as  hereinafter  provided. 
Neb.,  371. 

— That  the  Senate  shall  be  composed  of  Representa- 
tives, [annually]  cliosen  by  ballot,  one  for  each  county 
in  the  State.     N.  C,  423. 

— The  members  of  the  House  of  Representatives 
shall  be  chosen  annually,  in  the  month  of  March, 
and  shall  be  the  second  branch  of  the  Legislature. 
N.  K,  402. 

— The  Representatives  sliall  be  chosen  annually,  by 
the  citizens,  on  the  second  Tuesday  of  October.  Pa. 
46L 

— The  House  of  Representatives  shall  be  composed 
of  members  chosen  by  ballot,  every  second  year,  by 
the  citizens  of  tliis  State,  qualified  as  in  this  Consti- 
tution is  provided.     S.  C,  482. 

— Senators  and  members  of  the  House  of  Represen- 
tatives shall  be  chosen  at  a  general  election  on  the 
third  Wednesday  in  October  in  the  present  year,  and 
on  the  same  day  in  ^very  second  year  thereafter,  in 
such  manner  and  for  such  terms  of  office  as  are 
herein  directed.  They  shall  meet  on  the  fourth 
Monday  in  November,  annually,  at  Columbia  (which 
shall  remain  the  seat  of  Government,  until  otherwise 
determined  by  the  concurrence  of  two-thirds  of  both 
branches  of  the  whole  representation),  unless  tlie 
casualties  of  war  or  contagious  disorders  shall  render 
it  unsafe  to  meet  there  ;  in  either  of  which  cases,  the 
Governor,  or  Commander-in-Chief,  for  the  time 
being,  may,  by  proclamation,  appoint  a  more  secure 
and  convenient  place  of  meeting.  S.  C,  483. 
— The  House  of  Delegates  shall  be  elected  biennially 
by  the  voters  of  the  cities  of  Norfolk  and  Richmond, 
and  the  several  counties,  on  the  fourth  Tuesday  in 
May.     Va.,  534. 


«1 

1  §  3.  The  State  shall  be  divided  iuto  thirty-two  districts,  to  be  called  senate 

2  districts,  each  of  which  shall  choose  one  senator.      The  districts  shall  be 

3  numbered  from  one  to  thirty-two  inclusive. 

4  District  number  one  (1)  shall  consist  of  the  counties  of  Suffolk,  Eichmond 

5  and  Queens. 

6  District  number  two  (2)  shall  consist  of  the  county  of  Kings. 

7  District  number  three  (3),  number  four  (4),  number  five  (5)  and  number 

8  six  (6)  shall  consist  of  the  city  and  county  of  New  York.    And  the  board  of 

9  supervisors  of  said  city  and  county  shall,  on  or  before  the  first  day  of  May, 

10  one  thousand  eight  hundred  and  forty-seven,  divide  the  said  city  and  county 

11  into  the  number  of  Senate  districts  to  which  it  is  entitled,  as  near  as  may  be, 

12  of  an  equal  number  of  inhabitants  excluding  aliens  and  persons  of  color  not 

13  taxed,  and  consisting  of  convenient  and  contiguous  territory  ;  and  no  Assembly 

14  district  shall  be  divided  in  the  formation  of  a  Senate  district.    The  board  of 

15  supervisors  when  they  shall  have  completed  such  division,  shall  cause  certifi- 
IG  cates  thereof,  stating  the  number  and  boundaries  of  each  district,  and  the 

17  population  thereof,  to  be  filed  in  the  oflice  of  the  Secretary  of  State,  and  of 

18  the  clerk  of  the  said  city  and  county. 

19  District  number  seven  (7)  shall  consist  of  the  counties  of  Westchester, 

20  Putnam  and  Eockland. 

21  District  number  eight  (8)  shall  consist  of  the  counties  of  Dutchess  and 

22  Columbia. 

23  District  number  nine  (9)  shall  consist  of  the  counties  of  Orange  and 

24  Sullivan. 

25  District  number  ten  (10)  shall  consist  of  the  counties  of  Ulster  and  Greene. 
20        District  number  eleven  (11)  shall  consist  of  the  counties  of  Albany  and 

27  Schenectady. 

28  District  number  twelve  (12)   shall  consist  of  the  county  of  Eensselaer. 

29  District  number  thirteen  (13)  shall  consist  of  the  couiJties  of  Washington 

30  and  Saratoga. 

31  District  number  fourteen  (14)  shall  consist  of  the  counties  of  Warren, 

32  Essex  and  Clinton. 


52 

33  District  number  fifteen  (15)  shall  consist  of  the  counties  of  St.  Lawrence 

34  and  Franklin. 

35  District  number  sixteen  (IG)  shall  consist  of  the  counties  of  Herkimer, 

36  Hamilton,  Fulton  and  Montgomery. 

37  District  number  seventeen  (17)  shall  consist  of  the  counties  of  Schoharie 

38  and  Delaware. 

39  District  number  eighteen  (18)  shall  consist  of  the  counties  of  Otsego  and 

40  Chenango. 

41  District  number  nineteen"(19)  shall  consist  of  the  county  of  Oneida. 

42  District  number  twenty  (20)  shall  consist  of  the  counties  of  Madison  and 

43  Oswego. 

44  District  number  (21)  shall  consist  of  the  counties  of  Jefferson  and  Lewis. 

45  District  number  twenty-two  (22)  shall  consist  of  the  county  of  Onondaga. 

46  District  number  twenty-three  (23)  shall  consist  of  the  counties  of  Cortland, 

47  Broome  and  Tioga. 

48  District  number  twenty-four  (24)  shall  consist  of  the  counties  of  Cayuga 

49  and  Wayne. 

50  District  number  twenty-five  (25)  shall  consist  of  the  counties  of  Tompkins, 

51  Seneca  and  Yates. 

52  District  number  twenty-six  shall  consist  of  the  counties  of  Steuben  and 

53  Chemung. 

54  District  number  twenty-seven  (27)  shall  consist  of  the  county  of  Monroe. 

55  District  number  twenty-eight  (28)  shall  consist  of  the  counties  of  Orleans, 

56  Genesefe  and  Niagara. 

67        District  number  twenty-nine  (29)  shall  consist  of  the  counties  of  Ontario 

58  and  Livingston. 

69        District  number  thirty  (30)  shall  consist  of  the  counties  of  Allegany  and 

60  Wyoming. 

61  District  number  thirty-one  (31)  shall  consist  of  the  county  of  Erie. 

62  District  number  thirty-two  shall  consist  of  the  counties  of  Chautauque  and 

63  Cattaraugus. 


53 


1  ^4:.  An  enumeration  of  the  inhabitants  of  the  State  shall  be  taken  under 

2  the  direction  of  the  Legislature,  in  the  year  one  thousand  eight  hundred  and 

3  fifty-five,  and  at  the  end  of  every  ten  years  thereafter ;  and  the  said  districts 

4  shall  be  so  altered  by  the  Legislature  at  the  first  session  after  the  return  of 

5  every  enumeration,  that  each  Senate  district  shall  contain,  as  nearly  as  may 

6  be,  an  equal  number  of  inhabitants,  excluding  aliens  and  persons  of  color  not 

7  taxed ;  and  shall  remain  unaltered  until  thg  return  of  another  enumeration, 

8  and  shall  at  all  times  consist  of  contiguous  territory  ;  and  no  county  shall  be 

9  divided  in  the  formation  of  a  Senate  district  except  such  county  shall  be  equit- 
10  ably  entitled  to  two  or  more  Senators. 

1  S  5.  The  members  of  Assembly  shall  be  apportioned  among  the  several 

2  counties  of  this  State  by  the  Legislature,  as  nearly  as  may  be,  according  to 

3  the  number  of  their  respective  inhabitants,  excluding  aliens  and  persons  of 

4  color  not  taxed,  and  shall  be  chosen  by  single  districts. 


APPORTIONMENT— REPRESENTATION. 


— That  the  Legislature  at  their  next  session  shall 
apportion  the  said  one  hundred  members  of  the 
Assembly  among  the  several  counties  of  this  State, 
as  nearly  as  may  be,  according  to  the  number  of 
electors  which  shall  be  found  to  be  in  each  county  by 
the  census  directed  to  be  taken  in  the  present  year. 
N.  Y.,  (1777,)  3-1. 

[The  classification  of  Senators,  and  future  arrange- 
ment of  districts,  detailed  in  constitution,]  N.  Y., 
(1777,)  28,  34;  (founded  on  a  septennial  census.) 
— The  members  of  the  Assembly  shall  bo  chosen  by 
counties,  and  shall  be  apportioned  among  the  several 
counties  of  the  State,  as  nearly  as  may  be,  according 
to  the  numbers  of  their  respective  inhabitants,  exclud- 
ing aliens,  paupers,  and  persons  of  color  not  taxed. 
An  apportionment  of  members  of  Assembly  shall  be 
made  by  the  Legislature,  at  its  first  session  after  the 
return  of  every  enumeration;  and  when  made,  shall 
remain  unaltered  until  another  enumeration  shall  have 
been  taken.  But  an  apportionment  of  members  of 
the  Assembly  shall  be  made  by  the  present  Legisla- 
ture, according  to  the  last  enumeration  taken  under 
the  authority  of  the  Uniteil  States,  as  nearly  as  may 
be.  Every  county  heretofore  established,  and  sepa- 
rately organized,  shall  always  be  entitled  to  one 
member  of  the  Assembly ;  and  no  new  county  shall 
hereafter  be  erected,  unless  its  population  shall  entitle 
it  to  a  member.     N.  Y,  (1821,)  3G. 

[A  census  to  be  taken  in  1825.  and  every  ten  years 
after,  as  a  basis  of  representation.]  N.  Y.  (1821,)  36. 
— A  census  of  whites  ordered  in  1866,  1875,  and 
every  ten  years  after,  as  a  basis  of  representation. 
Ala.,  75. 

— A  census  of  inhabitants  ordered  in  1865,  and  every 
ten  years  after.  Ark,  87;  III,  152;  Kan.,  200; 
Mass.,  298,  299  ;  Min.,  322  ;  Wis.,  562. 
— A  census  of  inhabitants  to  be  taken  in  1852,  1855, 
and  every  ten  years  after.  Cal,  99. 
— The  census  of  United  States  taken  as  a  basis.  Ct, 
114;  K  a,  427;   Or.,  4.50. 

— A  census  of  all  the  inhabitants  to  be  taken  in  1867 
and   1875,  and  every  tenth  year  after.     The  repre- 
sentation founded  on  whites,  and  three-fifths  of  the 
colored  people.     Fl,  137. 
14 


— The  General  Assembly  shall  at  its  second  session 
after  the  adoption  of  this  Constitution,  and  every 
sixth  year  thereafter,  cause  an  enumeration  to  be 
made  of  all  the  white  male  inhabitants  over  the  age 
of  twenty-one  years.  Ind.  172. 
— The  General  Assembly  shall,  in  the  years  1859, 
1863,  1865,  1867,  1869  and  1875,  and  every  ten  years 
thereafter,  cause  an  enumeration  to  be  made  of  all 
the  white  inhabitants  of  the  State.  Iowa,  187. 
— Representation  shall  be  equal  and  uniform  in  this 
Commonwealth,  and  shall  be  forever  regulated  and 
ascertained  by  the  number  of  qualified  voters  therein. 
In  the  year  1850,  again  in  the  year  1857,  and  every 
eighth  year  thereafter,  an  enumeration  of  all  the 
qualified  voters  of  the  State  shall  be  made ;  and  to 
secure  uniformity  and  equality  of  representation,  the 
State  is  hereby  laid  off  into  ten  districts.  Ky.,  210; 
(nearly  similar).  La.,  226. 

— A  census  to  be  taken  in  1866,  1870,  1876,  and  at 
such  times  after  (at  least  every  ten  years),  as  may  be 
ordered  by  law,  for  ascertaining  the  number  of  popu- 
lation and  of  electors.  La.,  226. 
— A  census  of  1854,  and  every  tenth  year  thereafter, 
as  a  basis  of  representation,  which  is  founded  on  the 
number  of  whites  and  civilized  Indians.  Mich.,  301. 
— Representative  districts  formed  by  the  Supervisors. 
Mich.,  301. 

— The  Legislative  Assembly  shall,  in  the  year  eighteen 
hundred  and  sixty-five,  and  every  ten  years  after, 
cause  an  enumeration  to  be  made  of  all  the  white 
population  of  the  State.  Or.,  4.50. 
— An  enumeration  of  the  qualified  voters  and  an 
apportionment  of  the  Representatives  in  the  General 
Assembly,  shall  be  made  in  the  year  one  thousand 
eight  hundred  and  forty-one,  and  within  every  subse- 
quent term  of  ten  years.  Tenn.,  492. 
— The  Legislature  shall  cause  an  enumeration  to  be 
made  every  ten  years,  commencing  on  the  6th  day  of 
February,  A.  D.,  1875,  of  all  the  inhabitants  (includ- 
ing Indians  taxed)  of  the  State,  designating  particu- 
larly the  number  of  qualified  electors  and  the  age, 
sex  and  color  of  all  others,  herein  following  the 
classification  of  the  United  States  census,  and  the 
whole  number  of  Representatives  shall,  at  the  several 
periods  of  making  such  enumeration,  be  fixed  by  the 
Legislature,  and  apportioned  among  the  several  coun- 
ties,  cities   or   towns,   according  to  the  number   of 


54 


5  The  several  Boards  of  Supervisors  ia  such  counties  of  this  State  as  are  now 

6  entitled  to  more  than  one  member  of  Assembly,  shall  assemble  on  the  first 

7  Tuesday  of  January  next,  and  divide  their  respective  counties  into  Assembly 

8  districts  equal  to  the  number  of  members  of  Assembly  to  which  such  counties 

9  are  now  severally  entitled  by  law,  and  shall  cause  to  be  filed  in  the  ofiice  of  the 

10  Secretary  of  State,  and  the  clerks  of  their  respective  counties,  a  description  of 

11  such  Assembly  districts,  specifying  the  number  of  each  district  and  the  popu- 

12  lation  thereof,  according  to  the  last  preceding  State  enumeration,  as  near  as 


white  population  in  each  ;  and  shall  not  be  less  than 
forty-five,  nor  more  than  ninety.  Provided,  That 
there  shall  be  an  enumeration  and  an  apportionment 
made  in  the  year  1870,  in  the  manner  here  indicated. 
Tex.,  509. 

— Each  county  shall  be  entitled  to  at  least  one  repre- 
sentative. Ala.,7o;  ^rA-.,  88;  Kan.,  20i. 
— Where  two  or  more  adjoining  counties  shall  each 
have  a  residuum  or  fraction  over  and  above  the  ratio 
then  fixed  by  law,  which  fractions,  when  added 
together,  equal  or  exceed  that  ratio,  in  that  case,  the 
county  having  the  largest  fraction  shall  be  entitled  to 
one  additional  Representative.  A!a..  75. 
— When  a  Congressional,  Senatorial  or  Assembly 
District  shall  be  composed  of  two  or  more  counties, 
it  shall  not  be  separated  by  any  county  belonging  to 
another  district;  and  no  county  shall  be  divided,  in 
forming  a  Congressional,  Senatorial  or  Assembly  Dis- 
trict.    Cat.,  99. 

— And  it  shall  be  the  duty  of  the  General  Assembly, 
at  its  first  session  after  the  making  of  each  enumera- 
tion, as  provided  by  the  last  preceding  section,  to  fix 
by  law  the  number  of  Senators,  and  to  divide  the 
State  into  as  many  senatorial  districts  as  there  are 
Senators;  which  districts  shall  be  as  nearly  equal  to 
each  other  as  may  be  in  the  number  of  white  inhabit- 
ants, and  each  shall  be  entitled  to  one  Senator,  and 
no  more;  Provided,  That  in  the  formation  of  said 
districts,  no  county  shall  be  divided,  and  no  two  or 
more  counties,  which  are  separated  entirely  by  a 
county  belonging  to  another  district,  shall  be  joined 
into  one  district ;  And  provided  further,  That  the 
senatorial  district  when  formed,  aliall  not  be  changed 
until  after  the  next  census  shall  have  been  taken. 
Ala.,  75. 

— Senatorial  and  representative  districts  shall  be  com- 
posed of  contiguous  territory  bounded  by  county 
lines ;  and  only  one  Senator  allowed  to  each  sena- 
torial, and  not  more  than  three  Representatives  to 
any  representative  district ;  Provided,  That  cities  and 
towns,  containing  the  requisite  population,  may  be 
erected  into  separate  districts.  lit.,  152. 
— In  forming  senatorial  and  representative  districts, 
counties  containing  a  population  of  not  more  than 
one-fourth  over  the  existing  ratio,  shall  form  separate 
districts,  and  the  excess  shall  be  given  to  the  nearest 
county  or  C(junties  not  having  a  Senator  or  Repre- 
sentative, as  the  case  may  be,  which  lias  the  largest 
white  population.     III.,  152. 

— A  Senatorial  or  Representative  district,  where 
more  than  one  county  shall  constitute  a  district,  shall 
be  composed  of  contiguous  counties;  and  no  county 
for  senatorial  apportionment  shall  ever  be  divided. 
Ind.,  172. 

— The  number  of  Senators  shall,  at  the  next  session 
following  each  period  of  making  such  enumeration, 
and  the  next  session  following  each  United  States 
census,  be  fixed  by  law,  and  apportioned  among  the 
several  counties  according  to  tlie  number  of  white 
inhabitants  in  each.  Iowa,  187. 
— At  the  first  session  under  this  Constitution,  and 
at  every   subsequent  regular  session,   the   General 


Assembly  shall  fix  the  ratio  of  representation,  and 
also  form  into  Representative  districts  those  counties 
which  will  not  be  entitled  singly  to  a  Representative. 
Iowa,  187. 

— When  a  Congressional,  Senatorial,  or  Representa- 
tive district  shall  be  composed  of  two  or  more  counties, 
it  shall  not  be  entirely  separated  by  any  county 
belonging  to  another  district;  and  no  county  shall 
be  divided  in  forming  a  Congressional,  Senatorial,  or 
Representative  district.  Iowa,  187. 
— In  the  future  apportionment  of  tlie  State,  each 
organized  county  shall  have  at  least  one  Representa- 
tive; and  each  county  shall  be  divided  into  as  many 
districts  as  it  has  Representatives.  Kan.,  201. 
— It  shall  be  the  duty  of  the  first  Legislature  to  make 
an  apportionment,  based  upon  the  census  ordered  by 
the  last  Legislative  Assembly  of  the  Territory ;  and  a 
new  apportionment  shall  be  made  in  the  year  1866, 
and  every  five  years  thereafter,  based  upon  the  cen- 
sus of  the  preceding  year.  Kan.,  204. 
— When  any  city  or  town  shall  have  a  separate  repre- 
sentation, such  city  or  town,  and  the  county  in  which 
it  is  located,  may  have  si'ch  separate  municipal  courts, 
and  executive  and  ministerial  officers  as  the  General 
Assembly  may,  from  time  to  time,  provide.  Ky.,  217. 
— The  General  Assembly  shall  divide  each  county  of 
this  Commonwealth  into  convenient  election  pre- 
cincts, or  may  delegate  power  to  do  so  to  such  county 
authorities  as  may  be  designated  by  law,  and  elec- 
tions for  Representatives  for  the  several  counties 
shall  be  held  at  the  places  of  holding  their  respective 
court-s,  and  in  the  several  election  precincts  into 
which  the  counties  may  be  divided  ;  Provided,  That 
when  it  sliall  appear  to  the  General  Assembly  that 
any  city  or  town  hath  a  number  of  qualified  voters 
equal  to  the  ratio  then  fixed,  such  city  or  town  shall 
be  invested  with  the  privilege  of  a  separate  repre- 
sentative in  either  or  both  Houses  of  the  General 
Assembly  which  shall  be  retained  so  long  as  such 
city  or  town  sliall  contain  a  number  of  qualified 
voters  equal  to  the  ratio  which  may,  from  time  to 
time  be  fixed  by  law;  and  thereafter,  elections  for 
the  county  in  which  such  city  or  town  is  situated 
shall  not  be  held  therein,  but  such  city  or  town  shall 
not  be  entitled  to  a  separate  representation,  unless 
such  county,  after  the  separation,  shall  also  be  enti- 
tled to  one  or  more  representatives.  That  whenever 
a  city  or  town  shall  be  entitled  to  a  separate  repre- 
sentation in  either  House  of  the  General  Assembly, 
and  by  its  numbers  shall  be  entitled  to  more  than  one 
representative,  such  city  or  town  shall  be  divided,  by 
squares  which  are  contiguous,  so  as  to  make  the 
most  compact  form,  into  representative  districts,  as 
nearly  equal  as  may  be,  equal  to  the  number  of  Rep- 
resentatives to  which  such  city  or  town  may  be 
entitled;  and  one  Representative  shall  be  elected 
from  each  district.  In  like  manner  shall  said  city  or 
town  be  divided  into  Senatorial  districts,  when,  by 
the  apportionment,  more  than  one  Senator  shall  be 
allotted  to  such  city  or  town ;  and  a  Senator  shall 
be  elected  from  each  Senatorial  district,  but  no  ward 
or  municipal  division  shall  be  divided  by  such  divis- 


55 


13  can  be  ascertained.    Each  Assembly  district  sball  contain,  as  nearly  as  may 

14  be,  an  equal  number  of  inhabitants,  excluding  aliens  and  persons  of  color  not 

15  taxed,  and  shall  consist  of  convenient  and  contiguous  territory  ;  but  no  town 
IG  shall  be  divided  in  the  formation  of  Assembly  districts. 

17  The  Legislature,  at  its  first  session  after  the  return  of  every  enumeration, 

18  shall  re-apportion  the  members  of  Assembly  among  the  several  counties  of  this 

19  State,  in  manner  aforesaid,  and  the  Boards  of  Supervisors  in  such  counties  as 

20  may  be  entitled,  under  such  re-apportionment,  to  more  than  one  member,  shall 

21  assemble  at  such  time  as  the  Legislature  making  such  re-apportionment  shall 

22  prescribe,  and  divide  such  counties  into  Assembly  districts,  in  the  manner 


ion  of  Senatorial  or  Representative  districts,  unless  it 
be  necessary  to  equalize  the  elective,  Senatorial,  or 
Representative  districts.     Ky.,  209. 
— Representation  based   upon   the   number   of  free 
white  males.     Arlc,  88. 

—  Representation  based  upon  population.  Nev.^ 
380;    Va.,  537. 

— Representation  ba.sed  upon  number  of  white  inhab- 
itants. Cal.,  99;  III,  152;  Md.,  2G0;  Miss.,  336; 
Of.,  450;  Fa,  549;  IF.  Fa.,  599. 
— No  county  now  organized  shall  be  divided  into 
new  counties,  so  as  to  reduce  the  inhabitants  of 
either  below  the  ratio  of  representation.  Fla.,  l.'!7. 
— When  any  Senatorial  District  shall  be  composed  of 
two  or  more  counties,  the  counties  of  which  such 
district  consists  shall  not  be  entirely  separated  by 
any  county  belon<ring  to  another  district,  and  no 
county  shall  be  divided  in  forming  a  district.  Fla., 
137. 

— Apportionment  ordered  after  every  State  and  Fed- 
eral census.  ///.,  152:  Me.,  242 ;  Vt.,  .528;  Wis.,  562. 
— The  number  of  Representatives  shall,  at  tlie  several 
sessions  of  the  General  Assembly,  ne.vt  after  the 
making  of  the  enumerations,  be  apportioned  among 
the  ten  several  districts,  according  to  the  number  of 
qualified  voters  in  each;  and  the  Representatives 
shall  be  apportioned,  as  near  as  may  be,  among  the 
counties,  towns,  and  cities  in  each  district;  and  in 
making  such  apportionment  the  following  rules  shall 
govern,  to  wit:  Every  county,  town,  or  city  having 
the  ratio  shall  have  one  Representative;  if  double 
the  ratio,  two  Representatives,  and  so  on.  Ne.xt, 
the  counties,  towns,  or  cities  having  one  or  more 
Representatives,  and  the  largest  number  of  qualified 
voters  above  the  ratio,  and  counties  having  the  largest 
number  under  the  ratio  sliall  have  a  Representative, 
regard  being  always  had  to  tlie  greatest  number  of 
qualified  voters;  Provided,  That  when  a  county  may 
not  have  a  sufficient  number  of  qualified  voters  to 
entitle  it  to  one  Representative,  then  such  county 
may  be  joined  to  some  adjacent  county  or  counties, 
which  counties  shall  send  one  Representative.  When 
a  new  county  shall  be  formed  of  territory  belonging 
to  more  tlian  one  district,  it  shall  form  a  part  of  that 
district  having  the  least  number  of  qualified  voters. 
Kij.,  210. 

— It  shall  be  the  duty  of  the  General  Assembly  which 
shall  convene  in  the  year  1850,  to  make  an  appor- 
tionment of  the  representation  of  this  State,  upon  the 
principle  set  forth  iu  this  Constitution ;  and  until 
the  first  apportionment  shall  be  made  as  herein 
directed,  the  apportionment  of  Senators  and  Repre- 
sentatives among  the  several  districts  and  counties  in 
this  State,  shall  remain  as  at  present  fi.xed  by  law; 
Provided,  That  on  the  first  Monday  in  August,  1850, 
all  Senators  shall  go  out  of  office,  and  on  that  day  an 
election  for  Senators  and   Representatives  shall   be 


held  throughout  the  State,  and  those  ■  then  elected 
shall  hold  their  offices  for  one  year,  and  no  longer; 
Provided  further.  That  at  the  elections  to  be  held  in 
the  year  1850,  that  provision  in  this  Con.stitutian 
which  requires  voters  to  vote  in  the  precinct  within 
which  they  reside,  shall  not  apply.  Ki/.,  224. 
— -At  the  first  session  of  Ihe  Legislature  after  the 
making  of  each  enumeration,  the  Legislature  shall 
apportion  the  representation  amongst  the  several 
parishes  and  election  districts  on  the  basis  of  qualified 
electors  as  aforesaid.  A  representative  number  shall 
be  fi.xed,  and  each  parish  and  election  district 
shall  have  as  many  Representatives  as  the  aggregate 
number  of  its  electors  will  entitle  it  to,  and  an  addi- 
tional Representative  for  any  fraction  exceeding  one- 
half  the  representative  number.  The  number  of 
Representatives  shall  not  be  more  than  one  hundred 
and  twenty,  nor  less  than  ninety.  La.,  226. 
— The  Legislature  in  every  year  in  which  they  appor- 
tion representation  in  the  House  of  Representatives, 
shall  divide  the  State  into  Senatorial  districts.  La., 
228. 

— No  parish  shall  be  divided  in  the  formation  of  a 
Senatorial  district,  the  parish  of  Orleans  excepted. 
And  whenever  a  new  parish  shall  be  created,  it  shall 
be  attached  to  the  Senatorial  district  from  which 
most  of  its  territory  was  taken,  or  to  another  con- 
tiguous district,  at  the  discretion  of  the  Legislature, 
but  shall  not  be  attached  to  more  than  one  district. 
The  number  of  Senators  shall  be  thirty-six  ;  and  they 
shall  be  apportioned  among  the  Senatorial  districts 
according  to  the  electoral  population  contained  in  the 
several  districts;  Provided,  That  no  parish  be  entitled 
to  more  than  nine  Senators.  La.,  228. 
— At  every  apportionment  of  representation,  the 
State  shall  be  laid  off  into  thirty-eight  Senatorial  dis- 
tricts, which  shall  be  so  formed  as  to  contain,  as  near 
as  may  be,  an  equal  number  of  qualified  voters,  and 
so  that  no  county  shall  be  divided  in  the  Ibrraation  of  a 
Senatorial  district,  except  such  county  shall  be  entitled, 
under  the  enumeration,  to  two  or  more  senators;  and 
whei'e  two  or  more  counties  compose  a  district,  they 
shall  be  adjoining.     Ky.,  211. 

— No  new  parish  shall  be  created  with  a  territory  less 
than  six  hundred  and  twenty-five  square  miles,  nor 
with  a  number  of  electors  less  than  the  full  number 
entitling  it  to  a  Representative;  nor  when  the  crea- 
tion of  such  new  parish  would  leave  any  other  parish 
without  the  said  extent  of  territory  and  number  of 
electors.     La.,  228. 

— In  all  apportionments  of  the  Senate,  the  electoral 
population  of  the  wliole  State  shall  be  divided  by  the 
number  thirty-six,  and  the  result  produced  by  this 
division  shall  be  the  Senatorial  ratio  entitling  a 
Senatorial  district  to  a  Senator.  Single  or  contigu- 
ous parishes  shall  be  formed  into  districts,  having  a 
population  the  nearest  possible  to  the  number  entitling 


56 

23  herein  directed ;  and  the  apportionment  and  districts  so  to  be  made  shall 

24  remain  unaltered  until  another  enumeration  shall  be  taken  under  the  provi- 

25  sious  of  the  preceding  section. 

26  Every  county  heretofore  established  and  separately  organized,  except  the 

27  county  of  Hamilton,  shall  always  be  entitled  to  one  Member  of  the  Assembly, 

28  and  no  new  county  shall  be  hereafter  erected  unless  its  i)0])ulation  shall 

29  entitle  it  to  a  member. 

30  Tlie  county  of  Hamilton  shall  elect  witli  the  county  of  Fulton,  until  the 

31  i)opulation  of  the  county  of  Hamilton  shall,  according  to  the  ratio,  be  entitled 

32  to  a  member. 


a  district  to  a  Senator;  and  if  in  the  apportionment 
to  make  a  parish  or  district  fall  short  of  or  exceed  the 
ratio,  then  a  district  may  bo  formed  having  not  more 
than  two  Senators,  but  not  otherwise.  No  new 
apportionment  shall  have  the  etVect  of  abridging  tlie 
term  of  service  of  any  Senator  already  elected  at  the 
time  of  making  the  apportionment.  After  an  enume- 
ration has  been  made,  as  directed  in  the  tenth  article, 
the  Legislature  shall  not  pa.ss  any  law  until  an  appor- 
tionment of  representation  in  both  Houses  of  the 
General  Assembly  be  made.     La.,  '228. 

[TowiiS  are  entitled  to  representation  as  follows, 
according  to  population,  viz.:  l,.50O  to  one;  3,750 
to  two;  G,750  to  three;  10,500  to  four;  15,000  to 
five;  20,250  to  six,  and  26,250  to  seven;  but  no 
town  to  have  more  than  seven.  This  apportionment 
may  be  changed  by  the  Legislature.]  Me.,  241. 
— Every  county  in  the  State  and  each  legislative  dis- 
trict of  Baltimore  city,  as  hereinbefore  provided  for, 
shall  be  entitled  to  one  Senator,  who  shall  be  elected 
by  the  qualified  voters  of  the  counties  and  of  the 
legislative  districts  of  Baltimore  city  respectively,  and 
shall  serve  for  four  years  from  the  date  of  his  election, 
subject  to  the  classification  of  Senators  hereinafter 
provided  for.     Md.,  260. 

— There  shall  be  in  the  Legislature  of  this  Common- 
wealth, a  representation  of  the  people,  annually 
elected,  and  lounded  upon  the  principle  of  equality. 
Mass.,  285. 

— In  the  census  aforesaid,  a  special  enumeration  shall 
be  made  of  the  legal  voters ;  and  in  each  city  said 
enumeration  shall  specify  the  number  of  such  legal 
voters  aforesaid,  residing  in  each  ward  of  such  city. 
The  enumeration  aforesaid  shall  determine  the  appor- 
tionment of  Representatives  for  the  periods  between 
the  taking  of  the  census.     298. 

[Mode  of  representation  by  towns  specified  in 
detail.]  Mass..  296,  297,  298,  299;  N.  K,  402,  403; 
R.  I.,  476;  Vt,  523,  528. 

— The  several  senatorial  districts  now  existing  shall 
be  permanent.  The  Senate  shall  consist  of  forty 
members,  and  in  the  year  one  thousand  eight  hundred 
and  forty,  and  every  tentii  year  thereafter,  the  Gov- 
ernor and  Councd  shall  assign  the  number  of  Senators 
to  be  chosen  in  each  district,  according  to  the  number 
of  inhabitants  in  the  same.  But,  in  all  cases,  at  least 
one  Senator  shall  be  assigned  to  each  district.  Mass., 
297. 

— At  their  first  session  after  each  enumeration  so 
made,  and  also  at  their  first  session  after  each  enu- 
meration made  by  the  authority  of  the  United  Stales, 
the  Legislature  shall  have  the  power  to  prescribe  the 
bounds  of  congressional,  .senatorial  and  representa- 
tive districts,  and  to  apportion  anew  the  Senators 
and  Representatives  among  the  several  districts, 
according  to  the  provisions  of  section  second  of  this 
article.     Min.,  322. 


— The  Senators  shall  also  be  chosen  by  single  districts 
of  convenient  contiguous  territory,  at  the  same  time 
tliat  the  members  of  the  House  of  Representatives 
are  required  to  be  chosen,  and  in  the  same  manner, 
and  no  representative  district  shall  be  divided  in  the 
formation  of  a  senate  district.  The  senate  districts 
shall  be  numbered  in  regular  series,  and  the  Senators 
chosen  by  the  districts  designated  by  odd  numbers 
shall  go  out  of  office  at  the  expiration  of  the  first 
year,  and  the  Senators  chosen  by  the  districts  desig- 
nated by  even  numbers-  shall  go  out  of  office  at 
the  expiration  of  the  second  year;  and  thereafter 
the  Senators  shall  Ije  chosen  for  the  term  of  two 
years,  except  there  shall  be  an  entire  new  election  of 
all  the  Senators  at  the  election  next  succeeding  each 
new  apportionment  provided  for  in  this  article. 
M!n.,  322. 

—The  number  of  members  who  compose  the  Senate 
and  House  of  Representatives  shall  be  prescribed  by 
law,  but  the  representation  in  the  Senate  shall  never 
exceed  one  member  for  every  five  thousand  inhabit- 
ants, and  in  the  House  of  Representatives  one 
member  for  every  two  thousand  inhabitants.  The 
representation  in  both  houses  sliall  be  apportioned 
equally  throughout  the  different  sections  of  the  State, 
in  proportion  to  the  population  thereof,  exclusive  of 
Indians  not  taxable  under  the  provisions  of  law. 
Min.,  321. 

— When  a  senatorial  district  shall  be  composed  of 
two  or  more  counties,  it  shall  not  be  entirely  sepa- 
rated by  any  county  belonging  to  another  district; 
and  no  county  shall  be  divided  in  forming  a  district. 
Miss.,  337. 

—Until  tlie  first  enumeration  shall  'be  made,  as 
directed  by  this  Constitution,  the  apportionment  of 
Senators  and  Representatives  among  the  several  dis- 
tricts and  counties  in  this  State  shall  remain  as  at 
present  fixed  by  law.  Miss.,  344. 
— Elections  for  representatives  for  the  several  coun- 
ties shall  be  held  at  the  places  of  holding  their 
respective  courts,  or  in  the  several  election  districts 
into  which  the  county  may  be  divided;  Provided, 
That  when  it  shall  appear  to  the  Legislature  that  any 
city  or  town  hath  a  number  of  free  white  inhabitants 
equal  to  the  ratio  then  fixed,  such  city  or  town  shall 
have  a  separate  representation,  according  to  the 
number  of  free  white  inhabitants  therein,  which  shall 
be  retained  so  long  as  such  city  or  town  shall  contain 
a  number  of  free  white  inhabitants  equal  to  the 
existing  ratio,  and  thereafter  and  during  the  existence 
of  the  right  of  separate  representation  in  such  city 
or  town,  elections  for  the  county  in  which  such 
city  or  town  entitled  to  a  separate  representation  is 
situated,  shall  not  be  held  in  such  city  or  town ;  And 
provided,  Tliat  if  the  residuum  or  fraction  of  any  city 
or  town  entitled  to  separate  representation  shall, 
when  added  to  the  residuum  in  the  county  in  which 


57 


it  may  lie,  bo  equal  to  the  ratio  fixed  by  law  for  one 

representative,  ihen  the  aforesaid  county,  city  or 
town,  havinjr  the  largest  residuum,  shall  be  entitled 
to  such  representation  ;  And  provided  ako,  That  when 
there  are  two  or  more  counties  adjoininfr,  which  have 
residuums  over  and  above  the  ratio  then  fixed  by 
law,  it  said  residuums,  whe-n  added  together,  will 
amount  to  sucli  ratio,  in  that  case  one  Representative 
shall  be  added  to  that  county  having  the  largest  resi- 
duum.    Mii-i.,  33G. 

— Tlie  Legislature  shall  at  their  first  session,  and  at 
periods  of  not  less  than  every  four,  nor  more  than 
every  six  years,  until  the  year  1815.  and  thereafter 
at  periods  of  not  less  than  every  four,  nor  more  than 
every  eight  years,  cause  an  enumeration  to  be  made 
of  all  the  free  white  inhabitants  of  this  State,  and  the 
whole  number  of  Representatives  shall,  at  the  several 
periods  of  making  such  enumeration,  be  fixed  by  the 
Legislature,  and  apportioned  among  the  several  coun- 
ties, cities  or  towns  entitled  to  separate  representa- 
tion, aceor<iing  to  the  number  of  free  white  inhabitants 
in  each,  and  shidl  not  be  less  than  thirty-six  nor  more 
than  one  hundred;  Proviiled,  however,  That  each 
county  shall  always  be  entitled  to  at  least  one  Rep- 
resentative.    Miss.,  337. 

— When  any  county  shall  be  entitled  to  more  than  one 
Senator,  the  County  Court  shall  cause  such  county 
to  be  subdivided  into  as  many  compact  and  conven- 
ient districts  as  sucli  county  may  be  entitled  to  Sena- 
tors; which  districts  shall  be,  as  near  as  may  be,  of 
equal  population ;  and  the  qualified  voters  of  each 
of  such  districts  shall  elect  one  Senator,  who  shall  be 
a  resident  of  such  district.  Mo.,  352. 
— Senators  shall  be  apportioned  among  their  respect- 
ive districts,  as  nearly  as  may  be,  according  to  the 
number  of  permanent  inhabitants  in  each.  Mo.,  352. 
— Senators  and  Representatives  shall  be  chosen 
according  to  the  rule  of  apportionment  established  in 
this  Constitution,  until  the  next  decennial  census 
taken  by  the  United  States  shall  have  been  made, 
and  tlie  result  thereof  as  to  this  Stale  ascertained, 
when  the  apportionment  shall  be  revised  and  adjusted 
on  the  basis  of  that  census.  In  the  year  one  thou- 
sand eight  hundred  and  seventy-six,  and  every  tenth 
year  thereafter,  there  shall  be  taken,  under  the 
authority  of  this  State,  a  census  of  the  inhabitants 
thereof,  and  after  every  such  census  the  apportion- 
ment of  Senators  and  Representatives  may  be  based 
thereon  until  the  next  succeeding  national  census, 
after  which  it  may  be  based  upon  the  national  census 
until  the  next  succeeding  decennial  State  census;  and 
so  on  from  time  to  time;  the  enumerations  made  by 
the  United  States  and  this  State  shall  be  used,  as 
they  respectively  occur,  as  the  basis  of  apportion- 
ment.    Mo.,  353. 

—Senatorial  and  representative  districts  may  be 
altered,  from  time  to  time,  as  public  convenience  may 
require.  When  any  senatorial  district  shall  be  com- 
posed of  two  or  more  counties,  they  shall  be  contig- 
uou.s.     Ml).,  353. 

• — The  House  of  Representatives  shall  consist  of 
members  to  be  chosen  evtry  second  year,  by  the 
qualified  voters  of  the  several  counties,  and  appor- 
tioned in  the  following  manner.  Mo.,  352. 
— The  ratio  of  representation  shall  be  ascertained  at 
each  apportioning  session  of  the  General  Assembly, 
by  dividing  tlie  whole  number  of  permanent  inhabi- 
tants of  the  State  by  the  number  two  hundred. 
Each  county  having  one  ratio,  or  less,  shall  be 
entitled  to  one  Representative;  each  county  having 
three  times  saiil  ratio  shall  be  entitled  to  two  Repre- 
sentatives ;  each  county  having  six  times  said  ratio 
shall  be  entitled  to  three  Representatives  ;  and  so  on 
above  that  number,  giving  one  additional  member 
for  every  three  additional  ratios.  When  any  county 
shall  be  entitled  to  more  than  one  Representative, 
the  County  Court  shall  cause  such  county  to  be  sub- 
divided into  as  nniny  compact  and  convenient  dis- 
tricts as  such  county  may  be  entitled  to  Representa- 
tives ;  which  districts  shall  be,  as  near  as  may  be,  of 
equal  population;  and   the  qualified  voters  of  each 


of  such  districts  shall  elect  one  representative,  who 
shall  be  a  resident  of  such  district. 
— No  person  shall  be  a  member  of  the  House  of 
Representatives  who  shall  not  have  attained  the  age 
of  tweniy-four  years;  who  shall  not  be  a  white  male 
citizen  of  the  United  States ;  who  shall  not  have 
been  a  qualified  voter  of  this  State  tvfo  years,  and 
an  inhabitant  of  the  county  which  he  may  be  chosen 
to  represent  one  year  next  before  the  day  of  his 
election,  if  such  county  shall  have  been  so  long 
established  ;  but  if  not,  then  of  the  county  from 
which  the  same  shall  have  been  taken;  and  who 
shall  not  have  paid  a  State  and  county  tax.  Mo  ,  352. 
— The  Senators  and  Representatives  shall  be  chosen 
by  districts  of  convenient  contiguous  territory,  as 
compact  as  may  be,  to  be  defined  by  law,  except  as 
to  the  first  election  which  is  hereinafter  provided  for. 
Neh.,  171. 

— The  Legislature  shall  provide  by  law  for  an  enume- 
ration of  the  inhabitants  of  the  State  in  the  year  one 
thousand  eight  hundred  and  seventy-five,  and  at  the 
end  of  every  ten  years  thereafter;  and  at  their  first 
session  after  such  enumeration,  and  also  after  each 
enumeration  made  by  the  authority  of  the  United 
States,  the  Legislature  shall  apportion  and  district 
anew  the  members  of  the  Senate  and  House  of  Repre- 
sentatives, according  to  the  number  of  inhabitants, 
exclu  iing  Indians  not  taxed,  and  soldiers  and  officers 
of  the  United  States  army  and  navy.  Neh.,  371. 
--The  enumeration  of  the  inhabitants  of  this  State 
shall  be  taken  under  the  direction  of  the  Legislature, 
if  deemed  necessary,  in  A.  D.  eighteen  hundred  and 
sixty-seven  ;  A.  D.,  eighteen  hundred  and  seventy- 
five,  and  every  ten  years  thereafter ;  and  these  enume- 
rations, together  with  the  census  that  may  be  taken 
under  the  direction  of  the  Congress  of  the  United 
States,  in  A.  D.,  eighteen  hundred  and  seventy,  and 
evry  subsequent  ten  years,  shall  serve  as  the  basis  of 
representation  in  both  Houses  of  the  Legislature. 
Nev.,  392. 

— The  General  Assembly  shall  be  composed  of  mem- 
bers annually  elected  by  the  legal  voters  of  the 
counties,  respectively,  who  shall  be  apportioned 
among  the  said  counties  as  nearly  as  may  be,  accord- 
ing to  the  number  of  their  inhabitants.  The  present 
apportionment  shall  continue  until  the  next  census 
of  the  United  States  shall  have  been  taken,  and  an 
apportionment  of  members  of  the  General  Assembly 
shall  be  made  by  the  Legislature  at  its  first  session 
alter  the  next  and  every  subsequent  enumeration  or 
censu.s,  and  when  made  shall  remain  unaltered  until 
another  enumeration  shall  have  been  taken ;  Provided, 
That  each  county  shall  at  all  times  be  entitled  to  one 
member;  and  the  whole  number  of  members  shall 
never  exceed  sixty.  N.  J.,  413. 
— For  the  first  ten  years,  after  the  year  one  thousand 
eight  hundred  and  fifty-one,  the  apportionment  of 
Representatives  shall  be,  as  provided  in  the  schedule, 
and  no  change  shall  ever  be  made  in  the  principles  of 
representation,  as  herein  established,  or  in  the  sena- 
torial districts,  except  as  above  provided.  All  terri- 
tory, belonging  to  a  county  at  the  time  of  any  appor- 
tionment, shall,  as  to  the  right  of  representation  and 
suffrage,  remain  an  integral  part  thereof,  during  the 
dec.mnial  period.      Ohio,  441. 

— The  Governor,  Auditor,  and  Secretary  of  State,  or 
any  two  of  them,  shall,  at  least  si.x  months  prior  to 
the  October  election,  in  the  year  one  thousand  eight 
hundred  and  sixty-one,  and  at  each  decennial  period 
thereafter,  ascertain  and  determine  the  ratio  of  repre- 
sentation, according  to  the  decennial  census,  tlie  num- 
ber of  Representatives  and  Senators  each  county  or 
district  shall  be  entitled  to  elect,  and  for  what  years, 
within  the  next  ensuing  ten  years,  and  the  Governor 
shall  cause  the  same  to  be  published,  in  such  manner 
as  shall  be  directed  by  law.  Ohio,  442. 
— Where  two  or  more  counties  are  joined  in  a  sena- 
torial, representative,  or  judicial  district,  the  returns 
of  elections  shall  be  sent  to  the  county  having  the 
largest  population.  Ohio,  445. 
— The  Senators  and  Representatives  shall  be  chosen 


15 


58 


by  the  electors  of  the  respective  counties  or  districts 
into  which  the  State  may,  from  time  to  time,  be 
divided  by  law.     Or.,  450. 

— And  in  case  any  ccunty  shall  not  have  the  requisite 
population  to  entitle  such  county  to  a  member,  then 
euch  county  shall  be  attttched  to  some  adjoining 
county  for  senatorial  or  representative  purposes.  Or., 
450. 

— A  senatorial  district,  when  more  than  one  county 
shall  constitute  the  same,  shall  be  composed  of  con- 
tiguous counties;  and  no  county  shall  be  divided  in 
creating  senatorial  districts.  Or.,  450. 
— In  the  year  one  thousand  eight  hundred  and  sixty- 
four,  and  in  every  seventli  year  thereafter.  Repre- 
sentatives to  the  number  of  one  hundred  shall  be 
apportioned  and  distributed  equally  throughout  the 
State  by  districts,  in  proportion  to  the  number  of 
taxable  inhabitants  in  the  several  parts  thereof, 
except  that  any  county  containing  at  least  three 
thousand  five  hundred  taxable.s,  may  be  allowed  a 
separate  representation,  but  no  more  than  three 
counties  shall  be  joined,  and  no  county  shall  be 
divided  in  the  formation  of  a  district.  Any  city  con- 
taining a  sufficient  number  of  taxables  to  entitle  it  to 
at  least  two  Representatives,  shall  have  a  separate 
representation  assigned  it,  and  shall  be  divided  into 
convenient  districts  of  contiguous  territory,  of  equal 
taxable  population  as  near  as  may  be,  each  of  which 
districts  shall  elect  one  Representative.     Pa.,  471. 

[Senators  apportioned  according  to  taxable  inhabit- 
ant.".]    Pa,  461,  471. 

— The  House  of  Representatives  shall  consist  of  one 
hundred  and  twenty-four  members,  to  be  apportioned 
among  the  several  election  districts  of  the  State, 
according  to  the  number  of  white  inhabitants  con- 
tained in  each,  and  the  amount  of  all  taxes  raised  by 
the  General  Assembly,  whether  direct  or  indirect,  or 
of  whatever  species,  paid  in  each,  deducting  there- 
from all  taxes  paid  on  account  of  property  held  in 
any  other  district,  a:id  adding  thereto  all  taxes  else- 
where paid  on  account  of  property  held  in  such 
district.  An  enumeration  of  the  white  inhabitants 
for  this  purpose  was  made  in  the  year  one  thousand 
eight  hundred  and  fifty-nine,  and  shall  be  made  in 
the  course  of  every  tenth  ye%r  thereafter,  in  such 
manner  as  shall  be  by  law  directed;  and  Representa- 
tives shall  be  assigned  to  the  different  districts  in  the 
above-mentioned  proportion,  by  act  of  the  General 
Assembly  at  the  set^sion  immediately  succeeding  every 
enumeration ;  Provided,  That  until  the  apportion- 
ment, which  shall  be  made  upon  the  next  enumera- 
tion, shall  take  effect,  the  representation  of  the 
several  election  districts,  as  herein  constituted,  shall 
continue  as  assigned  at  the  last  apportionment,  each 
district  which  has  been  heretofore  divided  into 
smaller  districts,  known  as  parishes,  having  the  aggre- 
gate number  of  Representatives  which  the  parishes 
heretofore  embraced  within  its  limits  have  had  since 
that  apportionment,  the  Representative  to  which  the 
parish  of  All  Saints  has  been  heretofore  entitled, 
being,  during  this  interval,  assigned  to  Horry  election 
district.     S.  C,  482. 

— In  assigning  Representatives  to  the  several  dis- 
tricts, the  General  assembly  shall  allow  one  Repre- 
sentative for  every  sixty-second  part  of  the  whole 
number  of  white  inhabitants  in  the  State,  and  one 
Representative,  also,  for  every  sixty-second  part  of 
the  whole  taxes  raised  by  the  General  Assembly. 
There  shall  be  further  allowed  one  Representative  for 
such  fractions  of  the  sixty-second  part  of  the  white 
inhabitants,  and  of  the  sixty-second  part  of  the  taxes 
as,  when  added  together,  form  a  unit.  S.  C,  483. 
— If,  in  the  apportionment  of  Representatives,  any 
election  district  shall  appear  not  to  be  entitled,  from 
its  population  and  its  taxes,  to  a  Representative,  such 
election  district  shall  nevertheless  send  one  Repre- 
sentative ;  and  if  there  be  still  a  deficiency  of  the 
number  of  Representatives  required  by  section  fifth, 
such  deficiency  shall  be  supplied  by  assigning  Repre- 
sentatives to  those  election  districts  having  the  largest 
surplus  fractions,  whether  those  fractions  consist  of  a 
combination  of  population  and  taxes,  or  of  population 


or  taxes  separately,  until  the  number  of  one  hundred 
and  twenty-four  members  are  made  up;  Provided, 
however.  That  not  more  than  twelve  Representatives 
shall,  in  any  apportionment,  be  assigned  to  any  one 
election  district.     S.  C,  483. 

— No  apportionment  of  Representatives  shall  be  con- 
strued to  take  effect,  in  any  manner,  until  the  general 
election  which  shall  succeed  such  apportionment. 
S.  C,  483. 

— The  number  of  Representatives  shall,  at  the  several 
periods  of  making  the  enumeration,  be  apportioned 
among  the  several  counties  or  districts  according  to 
the  number  of  qualified  voters  in  each;  and  shall  not 
exceed  seventy-five  until  ihe  population  of  the  State 
shall  be  one  million  and  a  half;  and  shall  never 
thereafter  exceed  ninety-nine;  Provided,  That  any 
county  having  two-thirds  of  the  ratio,  shall  be 
entitled  to  one  member.  Tenn.,  492. 
— The  number  of  Senators  shall,  at  the  several  periods 
of  making  the  enumeration,  be  proportioned  among 
the  several  counties  or  districts,  according  to  the 
number  of  qualified  electors  in  each,  and  shall  not 
exceed  one-third  the  number  of  Representatives. 
In  apportioning  the  Senators  among  the  different 
counties,  the  fraction  that  may  be  lost  by  any  county 
or  counties,  in  the  apportionment  of  members  to  the 
House  of  Representatives,  shall  be  made  up  to  such 
county  or  counties  in  the  Senate  as  near  as  may  be 
practicable.  When  a  district  is  composed  of  two  or 
more  counties,  they  shall  be  adjoining;  and  no  county 
shall  be  divided  in  forming  a  district,  Tenn.,  492. 
— When  a  senatorial  district  shall  be  composed  of  two 
or  more  counties  it  shall  not  be  separated  by  any 
county  belonging  to  another  districts  Tkr.,  507. 
— The  Senators  shall  be  apportioned  to  the  several 
counties,  according  to  the  population  as  ascertained 
by  the  census  taken  under  the  authority  of  Congress 
in  the  year  1840,  regard  being  always  had,  in  such 
apportionment,  to  the  counties  having  the  largest 
fraction,  and  giving  to  each  county  at  least  one 
Senator.      Vt,  530. 

— The  Legi.slature  shall  make  a  new  apportionment 
of  the  Senators  to  tlie  several  counties,  after  the  taking 
of  each  census  of  the  United  States,  or  after  a  census 
taken  for  the  purpose  of  such  apportionment,  under 
the  authority  of  this  State,  always  regarding  the 
above  provisions  of  this  article.  VL,  530. 
— Each  county,  city  and  town  of  the  respective  dis- 
tricts at  the  time  of  the  first  election  of  its  Delegates 
under  this  Constitution,  shall  vote  for  one  Senator, 
and  the  ShcTifTs  or  other  officers  holding  the  election 
for  each  county,  city  or  town  within  ten  days  at  the 
farthest  after  the  last  election  in  the  district,  and  from 
the  polls  so  taken  in  their  respective  counties,  cities 
and  towns,  return  as  Senator  the  person  who  has 
received  the  greatest  number  of  votes  in  the  whole 
district.      Va.,  53.5. 

— The  whole  number  of  members  to  which  the  State 
may  at  any  time  be  entitled  in  the  House  of  Repre- 
sentatives of  the  United  States,  shall  be  apportioned 
as  nearly  as  may  be,  amongst  the  several  counties, 
cities  and  towns  of  the  State  according  to  their  popu- 
lation.     Va.,  537. 

— In  the  apportionment,  the  State  shall  be  divided 
into  districts  corresponding  in  number  with  the  Rep- 
resentatives to  which  it  may  be  entitled  in  the  House 
of  Representatives  of  the  Congress  of  the  United 
States,  which  shall  be  formed  respectively  of  con- 
tiguous counties,  cities  and  towns,  be  compact,  and 
include,  as  nearly  as  may  be,  an  equal  number  of 
population.      Va.,  537. 

— For  the  election  of  Senators,  the  State  shall  be 
divided  into  nine  senatorial  districts;  which  number 
shall  not  be  diminished,  but  may  be  increased  as 
hereinafter  provided.  Every  district  shall  chocse 
two  Senators,  but  after  the  first  election  both  shall 
not  be  chosen  from  the  same  county.  The  districts 
shall  be  equal,  as  nearly  as  practicable,  in  white  popu- 
lation, according  to  the  returns  of  the  United  States 
census.  They  shall  be  compact,  formed  of  contigu- 
ous territory,  and  bounded  by  county  lines.  After' 
every  such  census  the  Legislature  shall  alter  the  sena- 


59 


torial  districts,  so  far  as  may  be  necessary  to  make 
them  conform  to  the  foregoing  provisions.  W.  Va., 
549. 

— Any  senatorial  district  may  at  any  time  be  divided, 
by  county  lines  or  otlierwise,  into  two  sections,  wbioli 
shall  be  equal,  as  nearly  as  practicable,  in  white  popu- 
lation. If  such  division  be  made,  each  section  shall 
elect  one  of  the  Senators  for  the  district  ;  and  the 
Senators  so  elected  shall  be  classified  in  such  manner 
as  the  Senate  may  determine.  W.  Va.,  S-f-O. 
— For  the  election  of  Delegates,  every  county  con- 
taining a  white  population  of  less  than  half  the  ratio 
of  representation  for  the  House  of  Delegates,  shall, 
at  each  apportionment,  be  attached  to  some  contigu- 
ous county  or  counties,  to  form  a  delegate  district. 
W.  Va.,  .549. 

— When  two  or  more  counties  are  formed  into  a 
delegate  district,  the  Legislature  shall  provide  by  law 
that  the  Delegates  to  be  chosen  by  the  voters  of  the 
district  shall  be  in  rotation,  residents  of  each  county, 
for  a  greater  or  less  number  of  terms,  proportioned, 
as  nearly  as  can  be  conveniently  done  to  the  white 
population  of  the  several  counties  in  the  district. 
IK  Va.,  549. 

— After  every  census  the  Delegates  shall  be  appor- 
tioned as  follows : 

The  ratio  of  representation  for  the  House  of  Dele- 
gates shall  be  ascertained  by  dividing  the  whole  white 
population  of  the  State  by  the  number  of  which  the 
House  is  to  consist,  and  rejecting  the  fraction  of  a 
unit,  if  any,  resulting  from  such  division. 

Dividing  the  white  population  of  every  delegate 
district,  and  of  every  county  not  included  in  a  dele- 
gate district,  by  the  ratio  thus  ascertained,  there  shall 
be  assigned  to  each  a  number  of  Delegates  equal  to 
the  quotient  obtained  by  this  division,  excluding  the 
fractional  remainder. 

The  additional  Delegates  necessary  to  make  up  the 
number  of  which  the  House  is  to  consist,  shall  then 
be  assigned  to  those  delegate  districts,  and  counties 
not  included  in  a  delegate  district,  which  would 
otherwise  have  the  largest  fractions  unrepresented. 
But  every  delegate  district  and  county  not  included 
in  a  delegate  district,  shall  be  entitled  to  at  least  one 
Delegate.      IF.  Va.,  549. 

— The  arrangement  of  senatorial  and  delegate  dis- 
tricts, and  appointment  of  Delegates,  shall  hereafter 
be  declared  by  law,  as  soon  as  possible  after  each 
succeeding  census  taken  by  authority  of  the  United 
States.  When  so  declared,  they  shall  apply  to  the 
first  general  election  for  members  of  the  Legislature 
to  be  thereafter  held,  and  shall  continue  in  force, 
unchanged  until  such  districts  are  altered  and  Dele- 
gates apportioned  under  the  succeeding  census.  W. 
Va.,  550. 

— For  the  election  of  Representatives  to  Congress, 
the  State  shall  be  divided  into  districts,  corresponding 
in  number  with  the  Representatives  to  which  it  may 
be  entitled ;  which  district  shall  be  formed  of  con- 
tiguous counties  and  be  compact.  Each  district  shall 
contain,  as  nearly  as  may  be,  an  equal  federal  num- 
ber, to  be  determined  according  to  the  rule  prescribed 
in  the  second  section  of  the  first  article  of  the  Consti- 
tution of  the  United  States.  W.  Va.,  558. 
— Additional  territory  may  be  admitted  into  and 
become  part  of  this  State  with  the  consent  of  the 
Legislature.  And  in  such  case  provision  shall  be 
made  by  law  for  the  representation  of  the  white  popu- 
lation thereof  in  the  Senate  and-House  of  Delegates, 
in  conformity  with  the  principles  set  forth  in  this 
Constitution.  And  the  number  of  members  of  which 
each  branch  of  the  Legislature  is  to  consist,  shall 
thereafter  be  increased  by  the  representation  assigned 
to  such  additional  territory.  W.  Va  ,  550. 
— The  Legislature  shall  provide  by  law  for  an  enume- 
ration of  the  inhabitants  of  the  State,  in  the  year  one 
thousand  eight  hundred  and  fifty-five,  and  at  the  end 
of  every  ten  years  tliereafter ;  and  at  their  first  session 
after  such  enumeration,  and  also  after  each  eninnera- 
tion  made  by  the  authority  of  the  United  States,  the 
Legislature  shall  apportion  and  district  anew  the 
members  of  the  Senate  and  Assembly,  according  to 


the  number  of  inhabitants,  excluding  Indians  not 
taxed,  and  soldiers  and  officers  of  the  United  States 
army  and  navy.      Wis.,  562. 

— The  members  of  the  Assembly  shall  be  chosen 
annually  by  single  districts  on  the  Tuesday  succeeding 
the  first  Monday  of  November,  by  the  qualified 
electors  of  the  several  districts,  such  districts  to  be 
bounded  by  county,  precinct,  town  or  ward  lines, 
to  consist  of  contiguous  territory,  and  be  in  as  com- 
pact form  as  practicable.  Wis.,  562i 
— The  Senators  shall  be  chosen  by  single  districts  of 
convenient  contiguous  territory,  at  the  same  time  and 
in  the  same  manner  as  members  of  the  Assembly  are 
required  to  be  chosen,  and  no  asseirjbly  district  shall 
be  divided  in  the  formation  of  a  senate  district.  The 
senate  districts  shall  be  numbered  in  regular  series, 
and  the  Senators  chosen  by  the  odd  numbered  dis- 
tricts shall  go  out  of  office  at  the  e.xpiration  of  the 
first  year,  and  the  Senators  chosen  by  the  even 
numbered  districts  shall  go  out  of  office  at  the  expira- 
tion of  the  second  year,  and  thereafter  the  Senators 
shall  be  chosen  for  the  term  of  two  years.  Wis.,  5G2. 
— Until  there  shall  be  a  new  apportionment,  the 
Senators  and  members  of  the  Assembly  shall  be 
apportioned  among  the  several  districts,  as  hereinafter 
mentioned,  and  each  district  shall  be  entitled  to  elect 
one  Senator  or  member  of  the  Assembly,  as  the  case 
may  be.      Wis.,  573. 

— The  foregoing  districts  are  subject,  however,  so  far 
to  be  altered  that  when  any  new  town  shall  be 
organized,  it  may  be  added  to  either  of  the  adjoining 
assembly  districts.      Wis.,  575. 

— The  population  of  the  townships  in  the  several 
counties  of  the  Slate,  and^f  the  several  wards,  shall 
be  ascertained  by  the  last  preceding  census  of  the 
United  States,  until  the  Legi.-ilature  shall  provide,  by 
law,  some  other  mode  of  ascertaining  it.  iV.  J.,  418. 
— This  apportionment  shall  be  made  by  the  General 
Assembly,  at  the  respective  times  and  periods 
when  the  districts  for  the  Senate  are  hereinbefore 
directed  to  be  laid  off,  and  the  said  apportionment 
shall  be  made  according  to  an  enumeration  to  be 
ordered  by  the  General  As.sembly,  or  according  to 
the  census  which  may  be  taken  by  order  of  Congress, 
next  preceding  the  making  such  apportionment.  N. 
a,  427. 

— In  making  the  apportionment  in  the  House  of 
Commons,  the  ratio  of  representation  shall  be  ascer- 
tained by  dividing  the  amount  of  federal  population 
in  the  State,  after  deducting  that  comprehended  within 
those  counties  which  do  not  severally  contain  the  one 
hundred  ami  twentieth  part  of  the  entire  federal  pop- 
ulation aforesaid  by  the  number  of  Representatives 
less  than  the  number  a.ssigned  to  the  said  counties. 
To  each  county  containing  the  said  ratio,  and  not 
twice  the  said  ratio,  there  shall  be  assigned  one  Rep- 
resentative; to  each  county  containing  twice,  but  not 
three  times  the  said  ratio,  there  shall  be  assigned  two 
Representatives,  and  so  on  progressively;  and  then 
the  remaining  Representatives  shall  be  assigned  sev- 
erally to  the  counties  having  tlie  largest  fractions. 
N.  a,  427. 

— The  apportionment  of  this  State  for  members  of 
the  General  Assembly,  shall  be  made  every  ten  years 
after  the  year  one  thousand  eight  hundred  and  fifty- 
one,  in  the  following  manner:  The  whole  popula- 
tion of  the  State,  as  ascertained  by  the  federal  census, 
or  in  such  other  mode  as  the  General  Assembly  may 
direct,  shall  be  divided  by  the  number  "  one  hun- 
dred," and  the  quotient  shall  be  the  ratio  of  repre- 
sentation in  the  House  of  Representatives  for  ten 
years  next  succeeding  each  apportionment.  Ohio  440. 
— Every  county,  having  a  population  equal  to  one- 
half  of  said  ratio,  shall  be  entitled  to  one  Representa- 
tive; every  county  containing  said  ratio  and  three- 
fourths  over,  shall  be  entitled  to  two  Representatives; 
every  county  containing  three  times  said  ratio,  shall 
be  entitled  to  three  Representatives;  and  so  on, 
requiring,  after  the  first  two,  an  entire  ratio  for  each 
additional  Representative.  Ohio,  441. 
— When  any  county  shall  have  a  fraction  above  the 
ratio,   so  large,  that  being  multiplied  by  five,  the 


eo 


1  §  G.  The  Members  of  the  Legislatura  shall  receive  for  their  services  a  sum 

2  not  exceeding  three  dollars  a  day,  from  the  commencement  of  the  session ; 

3  but  such  pay  shall  not  exceed  in  the  aggregate  three  hundred  dollars  for  per 

4  diem  allowance,  except  in  proceedings  for  impeachment.    The  limitation  as  to 

5  the  aggregate  compensation  shall  not  take  effect  until  the  year  one  thousand 

6  eight  hundred  and  forty-eight.    AVhen  convened  in  extra  session  by  the  Gov- 

7  ernor,  they  shall  receive  three  dollars  per  day.    They  shall  also  receive  the 

8  sum  of  one  c'ollar  f-r  every  ten  miles  they  shall  travel,  in  going  to  and  return- 

9  ing  from  their  place  of  meeting,  on  the  most  usual  route.    The  speaker  of  the 

10  Assembly  shall,  in  virtue  of  his  office,  receive  an  additional  compensation 

11  equal  to  one-third  of  his  per  diem  allowance  as  a  member. 


result  will  be  equal  to  one  or  more  ratios,  additional 
Represi-ntatives  sliall  be  apportioned  for  supli  ratios, 
among  the  several  sessions  of  the  decennial  period, 
in  the  following  manner :  If  there  be  only  one  ratio, 
a  R(!presentative  shall  bo  allotted  to  the  fifth  session 
of  the  decennial  period  ;  if  there  are  two  ratios,  a 
Representative  shall  be  fcUotted  to  the  fourth  and 
third  sessions,  respectively;  if  three,  to  the  third, 
second,  and  first  sessions  respectively ;  if  four,  to  the 
fourth,  third,  second  and  first  sessions  respectively. 
Oldo,  441. 

— Any  county,  forming  with  another  county  or 
counties  a  representative  district,  during  one  decen- 
nial period,  if  it  have  acquired  sufficient  population 
at  the  ne.xt  decennial  period,  shall  be  entitled  to  a 
separate  representation,  if  there  shall  be  left,  in  the 
district  from  which  it  shall  have  been  separated,  a 
population  sufficient  for  a  Representative ;  but  no 
such  change  shall  be  made,  except  at  the  regular 
decennial  period  for  the  apportionment  of  Repre- 
sentatives.     0/(10,  441. 

— If,  in  fixing  any  subsequent  ratio,  a  county,  pre- 
viously eniitled  to  separate  representation,  shall  have 
le.ss  than  the  number  required  by  the  new  ratio  for  a 
Representative,  such  county  shall  be  attached  to  the 
county  adjoining  it,  having  the  least  number  of 
inhabitants ;  and  the  representation  of  the  district, 
so  formed,  shall  be  determined  as  herein  provided. 
Ohio,  441. 

— The  ratio  for  a  Senator  shall,  forever  hereafter,  be 
ascertained,  by  dividing  the  whole  population  of  the 
State,  by  the  number  thirty-five.  Ohio,  441. 
— The  same  rules  shall  be  applied,  in  apportioning 
the  fractions  of- senatorial  districts,  and  in  annexing 
districts,  which  may  hereafter  have  less  than  three- 
fourths  of  a  senatorial  ratio,  as  are  applied  to  repre- 
sentative districts.     Ohio,  441. 

— Any  county  forming  part  of  a  senatorial  district, 
having  acquired  a  population  equal  to  a  full  senatorial 
ratio,  shall  be  made  a  separate  senatorial  district,  at 
any  regular  decennial  apportionment,  if  a  full  sena- 
torial ratio  shall  be  left  in  the  district  from  which  it 
shall  be  taken.     Ohio,  441. 


QUALIFICATIONS  OF  LEGISLATORS. 

Age  (for  House),  21  years.  Ala,  75;  Fl,  132; 
]nd.,  172;  Iowa,  185;  Afe.,  241;  Md,  2G1;  Mlsa., 
336;  iV  J:.413;  Or,  450;  Pa.,  431;  S.  C,483;  Teun., 
493;  Ta.,  536.  24  years,  Z^e/.,  117.  25  years,  K  5., 
9;  Ark.,  85;  IV.,  151. 

Age  (for  Senate),  2 1  years.  Or.,  450.  25  years. 
Ark.  85;  FL,  132;   Oa.,  144;  Ltd.,  172;  i/e.,  243; 


Md.,  2G1  ;  Pa.,  4G1 ;  Va.  536.  27  years,  ^fa.,  75! 
Del,  117.  30  years.  U.  S.,  10;  III,  151;  Kij.,2\\- 
Miss,  337;  M<i.,  352;  N.  11,  403;  N.J.,iVi;  S.  C. 
4S3 ;   Tenn.,  493  ;   Tex..,  508  ;    Vi ,  528. 

Sex  and  color :  VVIiite  male.  A!a.,7o;  Ark.,85;  Fl, 
132;  III,  185;  Mo.,  352;  Neb.,  371;  S.  C,  485; 
Tex..,  508. 

Citizenship:  Must  be  a  citizen  of  the  United  States. 
Ala.,  75;  Ark,  85;  Fl,  132;  Oa.,  145;  III,  lol; 
Ind.,  172;  Me.,  241,  (53);  Md..  261;  Mich.,  301; 
jl/m,336;    Or.,  450  ;   7'enn.,  493  ;   Tex,  m9. 

ilust  have  been  a  citizen  of  State  3  years.  Del, 
117. 

Residence:  In  State,  1  year.  Ark.,  85;  Del,  117; 
(for  House);  Min.,  323;  N.  J.,  413;  Wis.,  562. 
2  years.  Ala.,  75;  Fl,  132;  Ind.,  173;  Miss.,  336; 
N.  II,  402  ;  S.  C,  483  (for  House) ;  Vt.,  525.  3  years. 
Del,  117  (Senate);  Oa.,  144;  III,  151;  Ind.,  261; 
Mo.,  352  ;  Pa,  461 ;  Tenn.,  493.  4  years.  Mi^s.,  337 ; 
N.  /.  413;  Pa.,  461.  5  years.  S.  C,  484  (Senate); 
Tex.,  50.".     0  years.   Ky.,  211. 

In  county.  60  days.  Inwa,  185.  6  months.  Min., 
323;  S.  C.  483,  484.  1  year.  Ala.,  75  (Senate); 
Oa.,  145;  Kan,  199;  A'/.,  211;  Mass.,  299;  Mo., 
352  ;  N.  a,  428  ;  Ohio,  433  ;  Pa.,  461 ;  Tenn.,  493  ; 
Tex ,  507  ;  W.   Va.,  550.    5  years.  Mass.,  299  (Senate.) 

In  town,  1  year.  N.  II  402 ;    VL,  522. 

Absence  from  the  State  on  business  of  the  State 
or  of  United  States,  during  the  above  periods,  not  a 
disqualification.     0/iw,  433  ;  Pa.,  461,  &c. 

Qualifications  of  an  elector.  Kan.,  199 ;  La.,  226 ; 
Min.,  323  ;  N.  J.,  403 ;    Hw.,  562. 

An  elector  of  district,  3  months.  Me.,  241.  1  year. 
Cal,  98 ;  Ky.,2\  1  ;  La.,  226 ;  Mich.,  301 ;  NA.,  371 ; 
Nev.,  381;    Va.,  536. 

F-eehold  qualifications.  N.  C.  (300  acres  in  fee  in 
district ;  100  acres  in  fee  or  term  of  his  life,  in  district 
for  1  year)  423,  428. 

Taa-payer.     Ill,  \bl;  Mo.,  352. 

Religion,  Protestant.     N.  H,  402,  403. 

Representatives  must  be  persons  most  noted  for 
wisdom  and  virtue.      Vt.,  523. 

Removal  from  district,  vacates  office.  7l/a.ss.,  299; 
ific/i.,  301 ;  Mo.,  353;  N.  H.,  402;  H.  C,  483;  W. 
Va.,  550. 


PAY  OF  LEGISLATORS. 

— The  members  of  the  Legislature  shall  receive  for 
their  services  a  compensation  to  bo  ascertained  bj 
law,  and  paid  out  of  the  public  treasury ;  but  no 
increase  of  the  compensation  shall  take  effect  during 
the  year  in  which  it  shall  have  been  made.     And  no 


61 


law  shall  be  passed  increasing  the  compensation  of 
the  members  of  the  Legislature  beyond  the  sum 
of  three  dollars  a  day.  N.  Y.  (1821),  36. 
— Each  member  of  the  General  Assembly  shall  receive 
from  the  public  treasury  such  compensation  for  his 
services  as  may  be  fixed  by  law ;  but  no  increase  of 
compensation  shall  take  eflect  during  the  session  at 
which  such  increase  shall  have  been  made.  Ala.,  76; 
(nearly  similar),  Ark..  87;  CaL,  79;  Del.,  118;  Ft, 
133;  Ind.,  174;  Miss.,  338;  Mo.,  353;  Nev.,  383; 
Tex.,  508  ;    la.,  53G. 

— The  pay  of  the  members  of  the  Legislature,  until 
some  general  .sj'stem  of  salaries  shall  be  fixed  by  law, 
shall  be  for  each  member,  five  dollars  per  diem,  and 
twenty  cents  per  mile  in  going  to,  and  the  same  in 
returning  fioin  the  capital.  Ark,  95. 
— But  no  law  varying  the  compensation  shall  take 
effect,  until  an  election  of  the  Representatives  shall 
have  intervened.     Z)e'.,  llS. 

— The  sum  of  two  dollars  per  day  for  the  first  forty- 
two  days'  attendance,  and  one  dollar  per  day  for  each 
day's  attendance  thereafter,  and  ten  cents  for  each 
necessary  mile's  travel,  going  to  and  returning  fi'om 
the  seat  of  government,  shall  be  allowed  to  the  mem- 
bers of  the  General  Assembly,  as  a  compensation  for 
their  services,  and  no  more.  The  Speaker  of  the 
House  of  Representatives  shall  be  allowed  the  sum 
of  one  dollar  per  day,  in  addition  to  liis  per  diem  as 
a  member.     III.,  1.53. 

— Bills  making  appropriations  for  the  pay  of  the 
members  and  officers  of  the  General  Assembly,  and 
for  the  salaries  of  the  officers  of  the  government, 
shall  not  contain  any  provision  on  any  other  subject. 
lU.,  153. 

— The  per  diem  and  mileage  allowed  to  each  member 
of  the  General  Assembly,  shall  be  certified  by  the 
Speakers  of  their  respective  House.',  and  entered  on 
the  journal,  and  published  at  the  close  of  each 
session.     III.,  153. 

— Eaqji  member  of  the  first  General  Assembly  under 
this  Constitution  shall  receive  three  dollars  per  diem 
while  in  session  ;  and  the  further  sum  of  three  dollars 
for  every  twenty  miles'  travel  in  going  to  and  return- 
ing from  the  place  where  such  session  is  lield,  by  the 
nearest  traveled  route ;  after  which  they  shall  receive 
such  compensation  as  shall  be  fixed  by  law ;  but  no 
Ge'neral  Assi'mbly  shall  have  the  power  to  increase 
the  compensation  of  its  own  members.  And  when 
convened  in  extra  session  they  shall  receive  the  same 
mileage  and  per  diem  compensation  as  fixed  by  law 
for  tlie  regular  session,  and  none  other.  Iowa,  18G. 
— The  members  of  the  Legislature  shall  receive  'as 
compensation  for  their  services  the  sum  of  three  dol- 
lars for  eacli  day's  actual  service  at  any  regular  or 
special  session,  and  fifteen  cents  for  each  mile  traveled 
by  the  usual  route  in  going  to  and  returning  fi'om  the 
place  of  meeting ;  but  such  compensation  shall  not  in 
the  aggregate  exceed  the  sum  of  two  hundred  and 
forty  dollars  for  each  member  as  per  diem  allowance 
for  the  first  session  held  under  this  Constitution,  nor 
more  than  one  hundred  and  fifty  dollars  for  each 
session  thereafter,  nor  more  than  ninety  dollars  for 
any  special  session.     Kan.,  199. 

— The  meuibers  of  the  General  Assembly  shall  sever- 
ally receive  from  the  public  treasury  a  compensation 
for  their  services,  which  shall  be  three  dollars  a  day 
during  their  attendance  on,  and  twelve  and  a  half 
cents  per  mile  for  the  necessary  travel  in  going  to, 
and  returning  from,  tlie  sessions  of  their  respective 
houses;  Provided,  That  the  same  may  be  increased 
or  diminished  by  law ;  but  no  alteration  shall  take 
effect  during  the  session  at  which  such  alteration 
shall  be  made ;  nor  shall  a  session  of  the  General 
Assembly  continue  beyond  sixty  days,  except  by  a 
vote  of  two-thirds  of  all  the  members  elected  to 
each  House,  but  this  shall  not  apply  to  the  first  ses- 
sion held  under  this  Constitution.  Ky.,  211. 
— The  members  of  the  General  Assembly  shall 
receive  from  the  pulilic  treasury  a  compensation  for 
their'services,  which  shall  be  eight  dollars  per  day, 
during  their  attendance,  going  to  and  returning  from 
the  sessions  of  their  respective  Houses.  The  com-  ' 
1« 


pensation  may  be  increased  or  diminished  by  law, 
but  no  alteration  shall  take  effect  during  the  period 
of  service  of  the  members  of  the  House  of  Repre- 
sentatives by  whom  such  alteration  shall  have  been 
made.  No  session  shall  extend  to  a  period  beyond 
sixty  days,  to  date  from  its  commencement,  and  any 
legislative  action  had  after  the  expiration  of  the  said 
sixty  days,  shall  be  null  and  void.  This  provision 
shall  not  apply  to  the  first  Legislature  which  is  to 
convene  after  the  adoption  of  this  Constitution. 
La.,  228. 

— The  Senators  and  Representatives  shall  receive 
such  compensation  as  shall  be  established  by  law, 
but  no  law  increasing  their  compensation  shall  take 
effect  during  the  existence  of  the  Legislature  which 
enacted  it.  The  expenses  of  the  members  of  the 
House  of  Representatives,  in  traveling  to  the  Legis- 
lature and  returning  therefrom,  once  in  each  session, 
and  no  more,  shall  be  paid  by  the  State,  out  of  the 
public  treasury,  to  every  member  who  shall  seasona- 
bly attend,  in  the  judgment  of  the  House,  and  does 
not  depart  therefrom  without  leave.  Me.,  244. 
— The  General  As.sembly  shall  continue  its  session  so 
long  as  in  its  judgment  the  pubHc  interest  may 
require,  and  each  member  thereof  shall  receive  a 
compensation  of  five  dollars  per  diem  for  every  day 
he  shall  attend  the  sessions,  but  shall  receive  no  per 
diem  wlicn  .absent,  unless  absent  on  account  of  sick- 
ness; Provided,  howerer.  That  no  member  shall  receive 
any  other  or  larger  sum  tlian  four  hundred  dollars. 
When  the  General  Assembly  shall  be  convened  by 
proclamation  of  the  Governor,  the  session  shall  not 
continue  longer  than  thirty  days,  and  in  such  case 
the  compensation  shall  be  at  tlie  rate  of  five  dollars 
per  diem.     Md.,  261. 

— The  compensation  of  the  members  of  the  Legisla- 
ture shall  be  three  dollars  a  day  for  actual  attendance 
and  when  absent  on  account  of  sickness  for  the  first 
sixty  days  of  the  session  of  the  year  one  thousand 
eight  hundred  and  fifty-one,  and  for  the  first  forty 
days  of  every  subsequent  session,  and  nothing  there- 
after. When  convened  in  extra  session  their  com- 
pensation shall  be  three  dollars  a  day  for  the  first 
twenty  days,  and  nothing  thereafter  ;  and  they  shall 
legislate  on  no  other  subjects  than  those  expressly 
stated  in  the  Governor's  proclamation,  or  submitted 
to  them  by  special  message.  They  shall  be  entitled 
to  ten  cents  and  no  more  for  every  mile  actually 
traveled,  going  to  and  returning  from  the  place  of 
meeting,  on  the  usually  traveled  route;  and  for  sta- 
tionery and  newspapers  not  exceeding  five  dollars 
for  each  member  during  any  session.  Each  member 
shall  be  entitled  to  one  copy  of  the  laws,  journals 
and  documents  of  the  Legislature  of  which  he  was  a 
member;  but  shall  not  receive  at  the  expense  of  the 
State,  books  newspapers,  or  other  perquisites  of 
office,  not  expressly  authorized  by  this  Constitution. 
Mich.,  302. 

— The  President  of  the  Senate  and  the  Speaker  of  the 
House  of  Representatives  shall  be  entitled  to  the 
same  per  diem  compensation  and  mileage  as  mem- 
bers of  the  Legislature  and  no  more.  Mich.,  302. 
— The  compensation  of  Senators  and  Representatives 
shall  be  three  dollars  per  diem,  during  the  first  ses- 
sion, but  may  afterwards  be  prescribed  by  law.  But 
no  increase  of  compensation  shall  be  prescribed  which 
shall  take  effect  during  the  period  for  which  the  mem- 
bers of  the  existing  House  of  Representatives  may 
have  been  elected.  Minn.,  3?1. 
— Each  member  of  the  Legislature  shall  receive  for 
his  services  three  dollars  for  each  day's  attendance 
during  the  session,  and  ten  cents  fi)r  every  mile  he 
shall  travel  in  going  to  and  returning  from  the  place 
of  the  meeting  of  the  Legislature,  on  the  most  usual 
route.     Neb.,  372. 

Provided,  however.  That  they  shall  not  receive  pay 
for  more  than  forty  days  at  any  one  session. 
• — The  Speaker  of  the  Assembly,  and  Lieutenant- 
Governor,  and  President  of  the  Senate,  shall  each, 
during  the  time  of  their  actual  attendance  as  such 
presiding  officers,  receive  an  additional  allowance  of 
two  dollars  per  diem.     Nev.,  383. 


-The  members  of  both  Houses  of  the  Le<;islature 
shall  be  compensated  for  their  services  out  of  the 
treasury  of  the  State,  by  a  law  made  for  that  pur- 
pose; such  members  attending  seasonably,  and  not 
departing  without  license.  A'!  //,  902. 
— .Members  of  the  Senate  and  General  Assembly 
shall  receive  a  compensation  for  their  services,  to  be 
ascertained  by  law,  and  paid  out  of  the  treasury  of  the 
State ;  which  compensation  shall  not  e.Kceed  the  sum 
of  three  dollars  per  day  for  the  period  of  forty  days 
from  the  commencement  of  the  session  ;  and  shall  not 
exceed  the  sum  of  one  dollar  and  fifty  cents  per  day 
for  the  remainder  of  the  session.  When  convened  in 
extra  session  by  the  Governor,  they  shall  receive 
such  sum  as  shall  be  fixed  for  the  first  forty  days  of 
the  ordinary  session.  They  shall  also  receive  the 
sum  of  one  dollar  for  every  ten  miles  they  shall 
travel  in  going  to  and  returning  from  their  place  ot 
meeting,  on  the  most  usual  route.  The  President  of 
the  Senate  and  the  Speaker  of  the  House  of  Assembly 
shall,  in  virtue  of  their  offices,  receive  an  additional 
compensation,  equal  to  one-third  of  their  per  diem 
allowance  as  members.  N.  J.,  414. 
— The  General  As.'^embly,  in  cases  not  provided  for  in 
this  Constitution,  shall  fix  the  term  of  office  and  the 
compensation  of  all  officers;  but  no  change  therein 
shall  affect  the  salary  of  any  officer  during  his  exist- 
ing term,  unless  the  office  be  abolished.  O'iio,  4.37. 
— The  members  and  officers  of  tlie  General  Assembly 
shall  receive  a  fixed  compensation,  to  be  prescribed 
by  law,  and  no  other  allowance  or  perquisites,  either 
in  the  payment  of  postage  or  otherwise;  and  no 
change  in  their  compensation  shall  take  effect  during 
their  term  of  office.      O'tio,  435. 

— The  members  of  the  Legislative  Assembly  .shall 
receive  for  their  services  a  sum  not  exceeding  three 
dollars  a  day  from  the  commencement  of  the  session  ; 
but  such  pay  shall  not  exceed  in  the  aggregate  one 
hundred  and  twenty  dollars  for  per  diem  allowance 
for  any  one  session.      Or.,  4.32. 

— When  convened  in  extra  session  by  the  Governor, 
they  shall  receive  three  dollars  per  day ;  but  no  extra 
session  .shall  continue  for  a  longer  period  than  twenty 
days.  They  shall  also  receive  the  sum  of  three  dol- 
lars for  every  twenty  miles  they  shall  travel  in  going 
to  and  returning  from  their  place  of  meeting,  on  the 
most  usual  route.  The  presiding  officers  of  the 
Assembly  shall,  in  virtue  of  their  office,  receive  an 
ad  litional  compensation  equal  to  two-thirds  of  their 
per  diem  allowance  as  members.  Or.,  452. 
— The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services  to  be  ascertained  by 
law,  and  paid  out  of  the  treasury  of  the  Common- 
wealth.    Pa.,  462. 

— The  Senators  and  Representatives  shall  receive  the 
sum  of  one  dollar  for  every  day  of  attendance,  and 
eight  cents  per  mile  for  traveling  expenses  in  going 
to  or  returniu'.^  from  the  General  Assembly.  The 
General  Assembly  shall  regulate  the  compensation  of 
the  Governor  and  all  other  officers ;  subject  to  the 
limitations  contained  in  the  Constitution.  li.  I.,  476. 
— The  members  of  the  General  Assembly,  who  shall 
meet  under  this  Constitution,  shall  be  entitled  to 
receive  out  of  the  public  treasury,  for  their  expenstes 
during  their  attendance  on.  going  to.  and  returning 
from,  the  General  Assembly,  five  dollars  for  each 
day's  attendance,  and  twenty  cents  for  every  mile  of 
the  ordinary  route  of  travel  between  the  residence 
of  the  member  and  the  capital  or  other  place  of 
silting  of  the  General  As.sembly,  both  eoing  and 
returning;  and  the  same  may  be  increased  or  dimin- 
ished by  law,  if  circumstances  shall  require;  but  no 
alteration  shall  be  made  to  take  effect  during  the 
existence  of  the  Gsnoral  Assembly  which  shall  make 
such  alteration.     S.  C,  48  i. 

— The  sum  of  four  dollars  per  day,  and  four  dollars 
for  every  twenty -five  miles  traveling  to  and  from  the 
seat  of  government,  shall  be  allowed  to  the  members 
of  the  first  General  Assembly,  as  a  compensa'ion  for 
their  services.  The  compensation  of  the  members  of 
the  succeeding  Legislatures  shall  be  ascertained  by 
law ;  but  no  law  increasing  the  compensation  of  the 


members  shall  take  effect  until  the  commencement  of 
the  ne.xt  regular  session  after  such  law  shall  have  been 
enacted.     Tenn.,  49.3. 

— Senators  and  Delegates  shall  receive  for  their  ser- 
vices a  compensation  not  exceeding  three  dollars  a 
day  during  the  session  of  the  Legislature,  and  also  ten 
cents  for  every  mile  they  shall  travel  in  going  to  and 
returning  from  tlie  place  of  meeting,  by  the  most 
direct  route.  The  President  of  the  Senate  and 
Speaker  of  the  House  shall,  respectively,  receive  an 
additional  compensation  of  two  dollars  a  day.  W. 
Va.,  551. 

— Each  member  of  the  Legislature  shall  receive  for 
his  services,  two  dollars  and  fifty  cents  for  each  day's 
attendance  during  the  session,  and  ten  cents  for  every 
mile  he  shall  travel  in  going  to  and  returning  from 
the  place  of  the  meeting  of  the  Legislature,  on  the 
most  usual  route,      iris.,  563. 

— The  membei-s  of  the  Legislature  shall,  at  their  first 
session  herereafter,  receive  from  the  Treasury  of  the 
State,  as  their  compensation,  eight  dollars  for  each 
day  they  shall  be  in  attendance,  and  eight  dollars  for 
each  twenty-five  miles  in  traveling  to  and  from  the 
seat  of  government.  The  above  rates  of  compensa- 
tion shall  remain  till  changed  by  law.     Tex.,  509. 


TIME     OF    MEETING     OF    LEGISL.^TURB— 
LIMITATION  OF  SESSIONS. 

— The  General  Assembly  shall  meet  annually,  on  such 
day  as  may  be  by  law  prescribed;  and  shall  not 
remain  in  session  longer  than  thirty  days,  unless  by 
a  vote  of  two-thirds  of  each  House.  A'a.,  76. 
— The  General  Assembly  shall  meet  every  two  years, 
on  the  first  Monday  in  November,  at  the  seat  ot 
government,  until  changed  by  law,  except  that  the 
General  Assembly  for  the  year  1864,  shall  meet  on 
the  second  Monday  in  April  of  that  year.  Ark.,  85. 
— The  sessions  of  the  Legislature  shall  be  annual,  and 
shall  commence  on  the  first  Monday  of  Januar/  next 
ensuing  the  election  of  it-i  members,  unless  the  Gov- 
ernor of  the  State  shall,  in  tlie  interim,  convene  the 
Legislature  by  proclamation.  Cal.,  91 
— 'There  shall  be  one  stated  session  of  the  General 
Assembly,  to  be  holden  in  each  year,  alternately  at 
Hartford  and  New  H  iven,  on  the  first  Wednesday  of 
May,  and  at  such  other  times  as  the  General  Assembly 
shall  judge  necessary;  the  first  session  to  be  holden 
at  Hartford;  but  the  person  administering  the  office 
of  Governor  miy,  on  special  emergencies,  convene 
the  General  As,sembly  at  either  of  said  places,  at  any 
other  time.  And  in  case  of  danger  from  the  preva- 
lence of  contagious  di.seases  in  either  of  said  places, 
or  other  circumstances,  the  person  administering  the 
office  of  Governor,  may  by  proclamation,  convene 
said  Assembly  at  any  other  place  in  this  State.  Cl., 
108. 

— The  General  Assembly  shall  meet  on  the  first  Tues- 
day   of  January  next,  and  shall  not  be   within  the 
amended  provision  respecting  biennial  sessions,  which 
biennial  sessions  shall  commence  with  the  session  of 
the  General  As.sembly  on  the  first  Tuesday  of  Janu- 
ary  in   the  year  of  our   Lord   one   thousand   eight 
hundred  and  thirty-three.     Del.,  126. 
— The   General  Assembly    shall   meet   on   the   first 
Tuesday  of  January,   biennially,  unless  sooner  con- 
vened by  the  Governor.     D;l.,  118. 
— The  session  of  the    General  Assembly   shall   not 
extend   in  duration    over  thirty  days,   unless  it  be 
deemed  expedient  by  a  concurrent  majority  of  two- 
thirds  of  the  members  of  each  House;  and  no  mem- 
ber shall  receive  pay  from  the  Slate  for  his  services 
after  the  expiration  of  si.xty  days  continuously  from 
the  commencement  of  the  session.     Fla.,  133. 
— The  first  meeting  of  the  General  Assembly,  under 
this  Constitution,  shall    be  on  the   first  Monday  in 
December  next,  after  which,  it  shall  meet  annually 
on  the  first  Taursday  in  November,  or  on  such  other  - 
day  as  the  General  Assembly  may  prescribe.     Oa., 
14,3. 
— No  session  of  the  General  Assembly,  after  the  first 


63 


above  mentioned,  shall  continue  longer  than  forty 
days,  unless  prolonged  by  a  vote  of  two-thirds  of 
each  branch  thereof      Ga.,  143. 

— The  first  session  of  the  General  Assembly  shall 
•ommence  on  the  first  Monday  of  January,  one  thou- 
sand eight  hundred  and  forty-nine  ;  and  forever  after, 
the  General  Assembly  shall  meet  on  the  first  Mon- 
day of  January  next  ensuing  the  election  of  the 
members  thereof,  and  at  no  other  period,  unless  as 
provided  by  this  Constitution.  III.,  152. 
— The  sessions  of  the  General  Assembly  shall  be 
held  biennially  at  the  capital  of  the  State,  commenc- 
ing on  the  Thursday  next  after  the  first  Monday  of 
January,  in  the  year  one  thousand  eight  hundred  and 
fifly-tliree,  and  on  the  same  day  of  every  second 
year  thereafter,  unless  a  different  day  or  place  shall 
have  been  appointed  by  law.  But  if  in  the  opinion 
of  the  Governor  the  public  welfare  shall  require  it, 
he  may  at  any  time,  by  proclamation,  call  a  special 
session.     Ind.,  173. 

--No  session  of  the  General  Assembly,  except  the 
first  under  this  Constitution,  shall  extend  beyond  the 
term  of  sixty-one  days,  nor  any  special  session 
beyond  the  term  of  forty  days.  Ind.,  174. 
-  The  sessions  of  the  General  Assembly  shall  be 
biennial,  and  shall  commence  on  the  second  Monday 
in  January  next  ensuing  the  election  of  its  members ; 
unless  the  Governor  of  the  State  shall,  in  the  mean 
time,  convene  the  General  Assembly  by  proclama- 
tion.    Iowa,  185. 

— All  sessions  of  the  Legislature  shall  be  held  at  the 
State  capital,  and  all  regular  sessions  shall  commence 
annually  on  the  second  Tuesday  of  January.  Kan., 
200. 

— The  General  Assembly  shall  convene  on  the  first 
Monday  in  November,  after  the  adoption  of  this  Con- 
stitution, and  again  on  the  first  Monday  in  Novem- 
ber, 1851,  and  on  the  same  day  of  every  second  year 
thereafter,  unless  a  different  day  be  appointed  by  law, 
and  their  sessions  shall  be  held  at  the  seat  of  govern- 
ment.    Ky.,  211. 

— The  General  Asssmbly  shall  meet  annually  on  the 
first  Monday  in  January,  unless  a  different  day  be 
appointed  by  law,  and  their  sessions  shall  be  held  at 
the  seat  of  government.  La.,  225. 
— The  Legislature  shall  convene  on  the  first  Wednes- 
day of  January,  annually,  and  shall  have  full  power 
to  make  and  establish  all  reasonable  laws  and  regula- 
tions for  the  defense  and  benefit  of  the  people  of  this 
State,  not  repugnant  to  this  Constitution,  nor  to  that 
of  the  United  States.  Me ,  243. 
— The  annual  meeting  of  the  Legislature  shall  be  on 
the  first  Wednesday  of  January,  in  each  year ;  and 
the  Governor  and  other  State  officers  elected  for  tlie 
political  year  commencing  on  the  second  Wednesday 
of  May,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-one,  shall  hold  their  offices  till  the 
first  Wednesday  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty-two.  Me.,  253. 
■ — That  for  the  redress  of  grievances,  and  for  amend- 
ing, strengthening  and  preserving  the  laws,  the  Leg- 
islature ought  to  be  frequently  convened.  Md,,  2.54. 
— The  General  Assembly  shall  meet  on  the  first 
Wednesday  of  January,  eighteen  hundred  and  sixty- 
five,  and  on  the  same  day  in  every  second  year  there- 
after, and  at  no  other  time,  unless  convened  by  the 
proclamation  of  the  Governor.  Md.,  261. 
— The  Legislature  ouglit  frequently  to  assemble  for 
the  redress  of  grievances,  for  correcting,  strengthen- 
ing and  confirming  the  laws,  and  fir  making  new 
laws,  as  the  common  good  may  require.  Ma.fs.,  282. 
— The  Legislature  shall  meet  at  the  seat  of  govern- 
ment on  the  first  Wednesday  in  February  next,  and 
an  the  first  Wednesday  in  January  of  every  second 
year  thereafter,  and  at  no  other  place  or  time,  unless 
as  provided  in  this  Constitution.  Mich.,  303. 
-  Shall  meet  at  the  seat  of  government  of  the  State, 
at  such  time  as  shall  be  prescribed  by  law.  Minn.,  321. 
— The  first  session  of  the  Legislature  of  the  State  of 
Minnesota  shall  commence  on  the  first  Wednesday 
of  December  next,  and  .'shall  be  held  at  the  capitol  in 
the  city  of  St.  Paul.     Minn.,  330. 


— The  Legislature  shall  convene  on  the  first  Monday 
of  November,  1857,  and  biennially  thereafter,  but 
may  be  specially  convoked  by  the  Governor  at  other 
times.     Mils.,  344. 

— The  General  Assembly,  elected  in  the  year  one 
thousand  eight  huadred  und  sixty-six,  shall  meet  on 
the  first  Wednesday  of  January,  one  thousand  eight 
hundred  and  sixty-seven ;  and  thereafter  the  General 
Assembly  shall  meet,  in  regular  session,  once  in  every 
two  years ;  and  such  meeting  shall  be  on  the  first 
Wednesday  of  January,  unless  a  different  day  be 
fixed  by  law.     Mo.,  354. 

— The  first  session  of  the  Legislature  under  this  Con- 
stitution shall  be  held  on  the  fourth  day  of  July,  one 
thousand  eight  hundred  and  sixty-six ;  and  all  regu- 
lar sessions  thereafter  shall  commence  on  the  first 
Thursday  after  the  first  Monday  in  January,  biennially. 
But  the  Legislature  may,  on  extraordinary  occasions, 
be  convened  by  proclamation  of  the  Governor,  and 
when  so  convened  shall  transact  no  business,  except 
such  as  relates  to  the  objects  for  which  they  were  so 
convened,  to  be  stated  in  the  proclamation  of  the 
Governor.     Nb.,  372. 

— The  sessions  of  the  Legislature  shall  be  biennial, 
and  shall  commence  on  the  first  Monday  of  January 
next  ensuing  the  election  of  members  of  the  Assem- 
bly, unless  the  Governor  of  the  State  shall,  in  the 
interim,  convene  the  Legislature  by  proclamation. 
Neb.,  381. 

— The  first  regular  session  of  the  Legislature  under 
the  Constitution  may  extend  to  ninety  days,  but  no 
subsequent  regular  session  shall  exceed  sixty  days, 
nor  any  special  session  convened  by  the  Governor 
exceed  twenty  days.  Nev.,  383. 
— The  restriction  of  the  pay  of  members  of  the 
Legislature,  after  forty  days  from  the  commencement 
of  the  session,  shall  not  be  applied  to  the  first  Legis- 
lature convened  under  this  Constitution.  N.  J.,  421. 
— The  General  Assembly  which  shall  convene  in. 
December,  eighteen  hundred  and  thirty-eight,  shall 
continue  its  ses.sion,  as  heretofore,  notwithstanding 
tlie  provision  in  the  eleventh  section  of  the  first 
article,  and  shall  at  all  times  be  regarded  as  the  first 
General  Assembly  under  the  amended  Constitution. 
Pa.,  469. 

— The  Senate  and  House  shall  assemble  every  year, 
on  the  first  Wednesday  in  June,  and  at  such  other 
times  as  they  may  judge  necessary;  and  shall  dis- 
solve and  be  dissolved  seven  days  next  preceding  the 
first  said  Wednesday  of  June,  and  shall  be  styled 
the  General  Court  of  New  Hampshire.  iV!  H., 
401. 

— The  General  Assembly  shall  meet  biennially,  and 
at  each  biennial  session  shall  elect,  by  joint  vote  of 
the  two  Houses,  a  Secretary  of  State,  Treasurer  and 
Council  of  State,  who  shall  continue  in  office  for  the 
term  of  two  years.  K  C,  428. 
— All  regular  sessions  of  the  General  Assembly  shall 
commence  on  the  first  Monday  of  January,  biennially. 
The  first  session,  under  this  Constitution,  shall  com- 
mence on  the  first  Monday  of  January,  one  thousand 
eight  hundred  and  fifty-two.  Ofiio.  435. 
— The  sessions  of  the  Legislative  Assembly  shall  be 
held  biennially  at  the  capital  of  the  State,  commenc- 
ing on  the  second  Monday  of  September  in  the  year 
eighteen  hundred  and  fifty-eight,  and  on  the  same 
day  of  every  second  year  thereafter,  unless  a  difffer- 
ent  day  shall  have  been  appointed  by  law.  Or.,  450. 
— -The  General  Assemply  shall  meet  on  the  first 
Tuesday  of  January  in  every  year,  unless  sooner 
convened  by  the  Governor.  Pa.,  462. 
— There  shall  be  two  sessions  of  the  General  Assem- 
bly, holden  annually ;  one  at  Newport,  on  the  first 
Tuesday  of  May,  for  the  purpose  of  election  and  other 
business ;  the  other  on  the  last  Monday  of  October, 
which  last  session  shall  be  holden  at  South  Kingstowa 
once  in  two  years,  and  the  intermediate  years  alter- 
nately at  Bristol  and  East  Greenwich;  and  aa 
adjournment  from  the  October  session  shall  be  holdea 
annually  at  Providence.  R.  I,  475. 
— Tliere  shall  be  one  session  of  the  General  Assembly 
holden  annually,  commencing  on  the  last  Tuesday  in 


64 


1  §  7.  No  Member  of  the  Legislature  shall  receive  any  civil  appointment 

2  within  this  State,  or  to  the  Senate  of  the  United  States,  from  the  Governor, 

3  the  Governor  and  Senate,  or  from  the  Legislature  during  the  time  for  which 

4  he  shall  have  been  elected  >  and  all  such  appointments  and  all  votes  given  for 

5  any  such  member  for  any  such  office  or  appointment  shall  be  void. 


May,  at  Newport,  and  an  adjournment  from  the  same 
shall  be  holden  annually  at  Providence.  Ji.  /.,  481. 
— The  first  session  of  tlie  General  Assembly  shall 
commence  on  the  first  Monday  in  October,  one  thou- 
sand eight  hundred  and  thirty-five;  and  forever 
thereafter  the  Generl  Assembly  shall  meet  on  the 
first  Monday  in  October  next  ensuing  the  election. 
Ihnn.,  493. 

[Legislature  meet  second  Tuesday  of  October.]   Vt, 
523. 

— The  General  Assembly  shall  meet  annually  and  not 
oflener,  unless  convened  by  the  Governor  in  the 
manner  prescribed  in  this  Constitution.  Va.,  536. 
— No  session  of  the  General  Assemblj',  after  the  first 
under  this  Constitution,  shall  continue  longer  than 
sixty  days,  without  the  concurrence  of  three-fifths  of 
the  members  elected  to  each  House,  in  which  case 
the  session  may  be  extended  for  a  further  period,  not 
exceeding  thirty  days.  Va.,  536. 
— The  Legislature  shall  meet  once  in  every  year,  and 
not  oftener,  unless  convened  by  the  Governor.  The 
regular  sessions  shall  begin  on  the  third  Tuesday  of 
January.      IK.  Va.,  551. 

— When,  for  any  cause,  the  Legislature,  in  the  opinion 
of  the  Governor,  cannot  safely  meet  at  the  seat  of 
government,  the  Governor,  by  proclamation,  may 
convene  them  at  another  place.  W.  Va.,  551. 
— No  session  of  the  Legislature,  after  the  first,  shall 
continue  longer  than  forty-five  days,  without  the  con- 
currence of  three-fourths  of  the  members  elected  to 
each  branch.      W.  Va.,  .551. 

— The  Legislature  shall  meet  at  the  seat  of  govern- 
ment, at  such  time  as  shall  be  provided  by  law,  once 
in  each  year,  and  not  oftener,  unless  convened  by  the 
Governor.      Wis.,  563. 


LEGISLATORS  TO  HOLD  NO  OTHER  OFFICE— 
NON-ACCOUNTING  HOLDERS  OF  PUBLIC 
MONEY  NOT  ELIGIBLE. 

— No  member  of  the  Legislature  shall  receive  any 
civil  appointment  from  the  Gcivernor  and  Senate,  or 
from  the  Legislature  during  the  term  for  which  he 
shall  have  been  elected.  N.  T.  (1821),  36. 
— No  person  being  a  member  of  Congress,  or  holding 
any  judicial  or  military  oflice  under  the  United  States, 
shall  hold  a  seat  in  the  Legislature.  And  if  any  per- 
son shall,  while  a  member  of  the  Legislature,  be 
elected  to  Congress,  or  appointed  to  any  ofiice,  civil 
or  mihiary,  under  the  government  of  the  United 
States,  his  acceptance  thereof  shall  vacate  his  seat. 
N.  Y.  (1821),  36. 

— No  person  who  holds  any  lucrative  office  under  the 
United  States,  or  under  this  State,  or  under  any 
other  State  or  government  (except  Postmasters,  offi- 
cers in  (he  militia  to  whose  office  no  annual  salary  is 
attached.  Justices  of  the  Peace,  Members  ot  the 
Court  of  County  Commissioners,  Notaries  Public  and 
Commissioners  of  Deeds,  excepted),  no  person  who 
has  been  convicted  of  having  given  or  offered  any 
bribe -to  procure  his  election;  no  person  who  has 
been  convicted  of  bribery,  forgery,  perjury,  or  other 
high  crime  or  misdemeanor  which  may  bo  by  law 
declared  to  disqualify  him;  and  no  person  who  has 
been  a  collector  of  public  moneys  and  has  failed  to 
account  for  and  pay  over  into  the  treasury  all  sums 
for  which  he  may  be  by  law  accountable,  shall  be 
eligible  to  the  General  Assembly.     Ala.,  75. 


— ^No  Senator  or  Representative  shall,  during  the 
term  for  which  he  was  elected,  be  appointed  to  any 
civil  office  of  profit  under  this  State,  except  such 
offices  as  may  be  filled  by  elections  by  the  people. 
Ala.,  76. 

— No  person  who  now  is,  or  shall  be  hereafter,  a  col- 
lector or  holder  of  public  money,  nor  any  assistant 
or  deputy  of  such  holder  or  collector  of  public  money, 
shall  be  eligible  to  a  seat  in  either  House  of  the  Gen- 
eral Assembly,  nor  to  any  office  of  trust  or  profit; 
until  ho  sliall  have  accounted  for  and  paid  over  all 
sums  for  which  he  may  have  been  liable.  Ark.,  86  ; 
A'l/.,  212;  AT/.,  261. 

— No  Senator  or  Representative  shall,  during  the 
term  for  which  ho  shall  have  been  elected,  be 
appointed  to  any  civil  office  under  this  State  which 
shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  incr'iased  during  his  continuance  in 
office,  except  to  such  office  as  shall  be  filled  by  the 
election  of  the  people.  Ark.,  86;  (nearly  similar), 
Col.,  98;  Fla.,  136;  Ind.,  174;  Iowa,  186;  Ay.,  211; 
Miss.,  3i8;  ;t/o.,  353  ;  Oc, '452  ;  Fa.,  536. 
— No  Judge  of  the  Supreme,  Circuit,  or  inferior 
courts  of  law,  or  equity.  Secretary  of  State,  Attor- 
ney-General of  the  State,  District  Attorneys,  State 
Auditor  or  Treasurer,  Register  or  Recorder,  Clerk  of 
any  court  of  record.  Sheriff',  Coroner  or  Member  of 
Congress,  or  any  other  person  holding  any  lucrative 
office  under  the  United  States  or  this  State  (militia 
officers,  Justices  of  the  Peace,  Postmasters  and 
Judges  of  the  county  court  excepted),  shall  be  eligi- 
ble to  a  seat  in  either  House  of  the  General  Assem- 
bly.    Ark,  86. 

— No  judge  of  the  superior  court,  and  of  the  supreme 
court  of  errors;  no  member  of  Congress;  no  person 
holding  any  office  under  the  authority  of  the  United 
States ;  no  person  holding  the  office  of  Treasurer, 
Secretary  or  Comptroller;  no  Sheriff  or  Sheriff's 
deputy,  shall  be  a  member  of  the  General  Assembly. 
Ct,  113. 

— Provided,  That  this  prohibition  shall  not  extend  to 
members  of  the  first  Legislature.  Afe.,  244. 
— No  Senator  or  Representative  shall,  during  the  time 
for  which  he  sliall  have  been  elected,  be  appointed  to 
any  civil  office  under  this  State,  which  shall  have 
been  created,  or  the  emoluments  of  which  shall 
have  been  increased,  during  such  time.  No  person 
concerned  in  any  army  or  navy  contracts,  no  member 
of  Congress,  nor  any  person  holding  any  office  under 
this  State  or  the  United  States,  except  tlie  Attorney- 
General,  officers  usually  appointed  by  the  Courts  of 
justice  respectively.  Attorneys  at  law,  and  officers  in 
the  militia,  holding  no  disqualifying  office,  shall,  dur- 
ing his  continuance  in  Congress  or  in  office,  be  a 
Senator  or  Representative.  Dei.,  118. 
— No  person  elected  to  the  General  Assembly  shall 
receive  any  civil  appointment  within  this  State,  or  to 
the  Senate  of  the  United  States,  from  the  Governor, 
the  Governor  and  Senate,  or  from  the  General 
As.«embly,  during  the  term  for  which  he  sljall  have 
been  elected;  and  all  sucli  appointments,  and  all 
votes  given  for  any  such  member  for  any  such  office 
or  appointment,  .shall  be  void  ;  nor  shall  any  member 
of  the  General  Assembly  be  interested,  either  directly 
or  indirectly,  in  any  contract  with  the  State,  or  any 
county  thereof,  authorized  by  any  law  passed  during 
the  time  for  which  he  shall  have  been  elected,  or 
during  one  year  after  the  expiration  thereof.  III., 
152 ;  Mick,  302. 


«5 


1  §  8.  No  person  being  a  Member  of  Congress,  or  holding  any  judicial  or 

2  military  office  under  tlie  United  States,  shall  hold  a  seat  in  the  Legislature. 

3  And  if  any  person  shall,  after  his  election  as  a  Member  of  the  Legislature,  be 

4  elected  to  Congress,  or  appointed  to  any  office,  civil  or  military,  under  the 

5  Government  of  the  United  States,  his  acceptance  thereof  shall  vacate  his  seat. 


— No  member  of  Congress,  nor  person  holding  or 
exercising  any  office  of  trust  or  profit  under  the 
United  States,  or  either  of  them,  or  under  any  foreign 
power,  shall  be  eligible  as  a  member  of  the  General 
Assembly  of  this  Commonwealth,  or  hold  or  exercise 
any  office  of  trust  and  profit  under  the  same.  Ky., 
220 ;   La.,  233. 

— No  Senator  or  Representative  shall,  during  the 
term  for  which  he  was  elected,  nor  for  one  year 
thereafter,  be  appointed  to  any  civil  office  of  profit 
under  this  State,  which  shall  have  been  created,  or 
the  emolumenis  of  which  shall  been  increased  during 
the  time  such  Senator  or  Representative  was  in  office, 
except  to  such  offices  as  may  be  filled  by  the  election 
of  the  people.  Im.,  229 ;  Nev.,  382. 
— No  person  who,  at  any  time,  may  have  been  a  col- 
lector of  taxes,  whether  State,  parish  or  municipal,  or 
who  may  have  been  otherwise  intrusted  with  public 
money,  shall  be  eligible  to  the  General  Assembly,  or 
to  any  office  of  profit  or  trust,  under  the  State  gov- 
ernment, uptil  he  shall  have  obtained  a  discharge  for 
the  amount  of  such  collections,  and  for  all  public 
moneys  with  which  he  may  have  been  intrusted. 
La,  229. 

— No  Senator  or  Delegate,  after  qualifying  as  such, 
notwithstanding  he  may  thereafter  resign,  shall,  dur- 
ing the  whole  period  of  time  for  which  was  elected, 
be  eligible  to  any  office  which  shall  have  been  crea- 
ted, or  the  salary  or  profits  of  which  shall  have  been 
increased  during  such  term,  or  shall,  during  said 
whole  period  of  time,  be  appointed  to  any  civil  office 
by  the  Executive  or  General  Assembly.  Md.,  262. 
— No  person  holding  any  civil  office  of  profit  or  trust 
under  this  Slate,  except  Justices  of  the  Peace,  shall 
be  eligible  to  the  office  of  Senator  or  Delegate.  Md., 
261. 

— No  person  holding  the  office  of  Judge  of  tlie 
Supreme  Judicial  Court,  Secretary,  Attorney-General 
{Solicitor-General],  Treasurer  or  Receiver-General, 
Judge  of  Probate,  Commissary-General — President, 
Professor  or  Instructor  of  Harvard  College — Sheriff, 
Clerk  of  the  House  of  Representatives,  Register  of 
Probate,  Register  of  Deeds,  Clerk  of  the  Supreme 
Judicial  Court — [Clerk  of  the  Inferior  Court  of  Com- 
mon Pleas]  or  officer  of  the  customs,  including,  in 
this  description,  naval  officers — shall,  at  the  same 
time,  have  a  seat  in  the  Senate  or  House  of  Repre- 
sentatives; but  their  being  chosen  or  appointed  to, 
and  accepting  the  same,  shall  operate  as  a  resignation 
of  their  seat  in  the  Senate  or  House  of  Representa- 
tives ;  and  the  place  so  vacated  shall  be  filled  up. 

And  the  same  rule  shall  take  place  iu  case  any 
Judge  of  the  said  Supreme  Judicial  Court,  or  Judge  of 
Probate,  .shall  accept  a  seat  in  Council;  or  any  Coun- 
■cillor  sliall  accept  of  either  of  those  offices  or  places. 
Ma.is.,  292. 

— No  person  holding  any  office  under  the  United 
States  (or  this  State),  or  any  county  office,  except 
Notaries  Public,  officers  ot  the  militia  and  officers 
elected  by  townships,  shall  be  eligible  to  or  have  a 
seat  in  either  House  of  the  Legislature,  and  all  votes 
given  for  any  such  person  shall  be  void.  Mich.,  301. 
— No  Senator  or  Representative  shall,  during  the 
time  for  which  he  is  elected,  huld  any  office  under 
the  authority  of  the  United  States,  or  the  State  of 
Minnes()ta,  except  that  of  postmaster ;  and  no  Senator 
or  Representative  shall  hold  an  office  under  the 
State,  which  had  lieeu  created,  or  the  emoluments  of 
which  had  been  increased  during  the  session  of  *he 
Legislature  of  which  he  was  a  member,  until  one  year 

17 


after  the  expiration  of  his  term  of  office  in  the  Legis- 
lature.    Minn.,  321. 

- — No  member  of  either  House  of  the  Legi.slature 
shall,  after  the  commencement  of  the  first  session  of 
the  Legislature  after  his  election,  and  during  the 
remainder  of  the  term  for  which  he  is  elected,  be 
eligible  to  any  office  or  place,  the  appointment  to 
which  may  be  made  in  whole  or  in  part  by  either 
branch  of  the  Legislature.  Miss.,  338. 
— No  member  of  the  Legislature  shall,  during  the  term 
for  which  he  was  elected,  be  appointed  or  elected  to 
any  civil  office  in  the  State  which. shall  have  been 
created,  or  the  emoluments  of  which  shall  have  been 
increased,  during  the  term  for  which  he  was  elected. 
Neb.,  372;  (nearly  similar),  N.  J..  414;  Pa.,  462; 
Wii.,  563. 

— No  Justice  of  the  Supreme  Court,  nor  judge  of 
any  other  court.  Sheriff,  Justice  of  the  Peace,  nor  any 
per.son  or  persons  possessed  of  any  office  of  profit 
under  the  government  of  this  State,  shall  be  entitled 
to  a  seat  either  in  the  Senate  or  in  the  General 
A.ssembly ;  but  on  being  elected  and  taking  his  seat, 
his  office  shall  be  considered  vacant ;  and  no  person 
holding  any  office  of  profit  under  the  government  of 
the  United  States  shall  be  entitled  to  a  seat  in  either 
house.     N.  J.,  414. 

— That  no  Judge  of  the  Supreme  Court  of  law  or 
equity,  or  Judge  of  Admiralty,  shall  have  a  seat  in 
the  Senate,  House  of  Commons  or  Council  of  State. 
N.  C,  425. 

— No  person  who  shall  hold  any  office  or  place  of 
trust  or  profit  under  the  United  States,  or  any 
department  thereof,  or  under  this  State,  or  any  other 
State  or  Government,  shall  hold  or  exercise  any 
other  office  or  place  of  trust  or  profit  under  the 
authority  of  this  State,  or  be  eligible  to  a  seat  in 
either  House  of  the  General  Assembly;  Provided, 
That  nothing  herein  contained  shall  extend  to  officers 
in  the  militia  or  Justices  of  the  Peace.  N.  C,  430. 
— No  person  holding  office  under  the  authority  of 
the  United  States,  or  any  lucrative  office  under  the 
authority  of  this  State,  shall  be  eligible  to,  or  liave 
a  seat  in  the  General  Assembly ;  but  this  provision 
.shall  not  extend  to  township  officers,  Justices  of  the 
Peace,  Notaries  Public,  or  officers  of  the  militia. 
Ohio,  433. 

— No  Senator  or  Representative  shall,  during  the 
term  for  which  he  shall  have  been  elected,  or  for  one 
year  thereafter,  be  appointed  to  any  civil  office  under 
this  State  which  shall  be  created,  or  the  emoluments 
of  which  shall  have  been  increa.sed  during  the  term 
for  which  he  shall  have  been  elected.  Ohio,  434. 
—And  no  member  of  Congress  or  other  person  holding 
any  office  (except  of  attorney  at  law  and  in  the 
militia),  under  the  United  States  or  this  Common- 
wealth, shall  be  a  member  of  either  House  during 
his  continuance  in  Congress  or  in  office.  Pa.,  462. 
— No  judge  of  any  court  of  law  or  equity,  Secretary 
of  State,  Attorney-General,  Register,  Clerk  of  any 
Court  of  Record,  or  person  holding  any  office  under 
the  authority  of  the  United  States,  shall  have  a  seat 
in  the  General  Assembly  ;  nor  shall  any  person  in 
this  State  hold  more  than  one  lucrative  office  at  the 
same  time ;  Provided,  That  no  appointment  in  the 
militia,  or  to  the  o^ffice  of  Justice  of  the  Peace,  shall 
be  considered  a  lucrative  office,  or  operate  as  a  dis- 
qualification to  a  seat  in  either  House  of  the  General 
Assembly.     Teiin.,  494. 

— No  Senator  or  Representative  shall  during  the 
time  for  which  he  was  elected,  be  eligible  to  any 


X 


66 


1  §  9.  The  elections  of  Senators  and  Members  of  Assembly,  pursuant  to  the 

2  provisions  of  this  Constitution,  shall  be  held  on  the  Tuesday  succeeding  the  first 

3  Monday  of  ISTovember,  unless  otherwise  directed  by  the  Legislature. 


office  or  place  of  trust,  the  appointment  to  which  ia 
vested  in  the  executive  or  the  General  Assembly, 
except  to  the  office  of  trustee  of  a  literary  institu- 
tion.    Tenn.,  493. 

— No  person  shall  be  eligible  to  a  seat  in  the  General 
Assembly  whilst  he  holds  any  office  of  profit  or  trust 
under  this  State,  the  United  States  of  America,  or 
any  of  them,  or  under  any  other  power,  except 
officers  m  the  militia,  army  or  navy  of  tliis  Slate, 
magistrates,  or  justices  of  inferior  courts,  while  such 
justices  receive  no  salaries  ;  nor  shall  any  contractor 
of  the  army  or  navy  of  this  State,  the  United  States 
of  America,  or  any  of  them,  or  the  agents  of  such 
contractor,  be  eligible  to  a  seat  in  either  House. 
And  if  any  member  shall  accept  or  exercise  any  of 
said  disqualifying  offices,  he  sliall  vacate  his  seat  S. 
C.,484. 

— No  Senator  or  Representative  shall,  during  the 
term  for  which  he  may  be  elected,  be  eligible  to  any 
office  of  profit  under  this  State,  which  shall  have 
been  created  or  the  emoluments  of  which  may  have 
been  increased  during  such  term  ;  and  no  member  of 
either  House  of  the  Legislature  shall,  during  the 
term  for  which  he  is  elected  [although  he  may  resign 
his  seat  as  such  member,  shall]  be  eligible  to  any 
office  or  place,  the  appointment  to  which  may  be 
made,  in  whole  or  in  part,  by  either  branch  of  the 
Legislature ;  [nor  shall  members  of  either  House 
vote  for  a  member  of  their  own  body,  though  he 
resign  his  seat  in  the  same,  for  Senator  in  the  Con- 
gress of  the  United  States ;]  nor  shall  members 
thereof  be  capable  of  voting  for  a  member  of  their 
own  body,  for  any  office  whatever,  except  it  be  [for 
Speaker  of  the  House  of  Representatives  and  Presi- 
dent for  the  time  being  of  the  Senate,  who  shall  be 
elected  from  their  respective  bodies].  Tex.,  5(J8. 
— No  minister  of  the  Gospel,  priest  of  any  religious 
denomination,  or  salaried  officer  of  any  banking  cor- 
poration or  company,  and  no  attorney  for  the  Com- 
monwealth, shall  be  capable  of  being  elected  a 
member  of  either  Hou."*  of  the  General  Assembly. 
The  removal  of  any  person  elected  to  either  branch 
of  the  General  Assembly  from  the  city,  county,  town 
or  district  for  which  he  was  elected,  shall  vacate  his 
office.      Va.,  536. 

— No  person  holding  an  office  of  profit  under  this 
State  or  the  United  States,  shall  be  a  member  of  the 
Legislature.      W.  Va.,  550. 

— No  person  being  a  member  of  Congres.s,  or  holding 
any  military  or  civil  office  under  the  United  States, 
shall  be  eligible  to  a  seat  in  the  Legislature;  and  if 
any  person  shall,  after  his  election  as  a  member  of 
the  Legislature,  be  elected  to  Congress,  or  be 
appointed  to  any  office,  civil  or  military,  under  the 
government  of  the  United  States,  his  acceptance 
thereof  shall  vacate  his  seat.     Wis.,  5G3. 


VACANCIES    IN    OFFICE    OF    MEMBER    OR 
SENATOR. 

— When  vacancies  happen  in  either  house,  the  Gov- 
ernpr,  or  the  person  exercising  the  powers  of  Gover- 
nor f(ir  the  time  being,  shall  issue  writs  of  election  to 
fill  such  vacancies.  Ala ,  7C ;  (nearly  similar).  Ark., 
86;  Cal.,d8;  De'.,28;  tfa.,  147;  /«.,  153;  /nA,  175; 
Juwa,  185;  Ky.,2\'l;  Atich.,ZOb;  Minn.,  Z22;  Miss., 
337;  Mo.,  353;  Neb.,  373;  Nev.,  382;  A^.  H.,  402; 
iV.C,  4-28;  Or.,  453;  Tea:.,  508;  m>.,  563. 
— If  the  office  of  Representative,  or  the  office  of 
Senator  become  vacant  before  the  regular  expiration 
of  the  term  thereof,  a  Representative  or  Senator  shall 
be  elected  to  fill  such  vacancy,  and  shall  hold  the 
office  for  the  residue  of  said  term.     Dd.,  118. 


— When  there  is  a  vacany  in  either  house  of  the 
General  Assembly,  and  the  General  Assembly  is  not 
in  session,  the  Governor  shall  have  power  to  iss  e  a 
writ  of  election  to  fill  such  vacancy  ;  which  writ  -hall 
be  executed  as  a  writ  issued  by  a  speaker  of  either 
House  in  case  of  vacancy.  Del.,  1 18. 
— Any  vacancy  in  the  Senate  shall  be  filled  by  elec- 
tion by  the  people  of  the  unrepresented  district,  upon 
the  order  of  a  majority  of  the  Senators  elected.  Mass., 
300. 

— Whenever  the  seat  of  a  member  shall  be  vacated, 
by  deatli,  resignation,  or  otherwise,  the  vacancy  may 
be  filled  by  a  new  election.  Me.,  242. 
— When  vacancies  happen  in  either  House,  the- 
Speaker  shall  issue  writs  of  election  to  fill  such. 
vacancies.     Pa.,  4G2. 

— Vacancies  from  any  cause,  in  the  Senate  or  House 
of  Representatives  may  be  filled  by  a  new  election. 
R.  I.,  479;  (nearly  similar.)  Kan.,  199. 
— .\nd  should  the  Governor  fail  to  issue  a  writ  of 
election  to  fill  such  vacancies,  the  returning  officer  for 
the  district  or  county  shall  be  authorized  to  order  an 
election  for  that  purpose.  Tex.,  508. 
— The  General  Assembly  shall  make  provision  bylaw 
for  filling  vacancies  that  may  occur  in  either  House 
by  the  death,  resignation  (or  otherwise)  of  any  of  its 
members.     Fl,  122. 

■ — All  vacancies  which  may  happen  in  either  House 
shall,  for  tlie  unexpired  term,  be  filled  by  election,  as 
shall  be  directed  by  law.  U/iio,  434. 
— Each  House  shall  direct  writs  of  election  for  sup- 
plying vacancies  occasioned  by  death,  resignation,  or 
otherwise ;  but  if  vacancies  occur  during  the  recess  of 
the  Legislature,  the  writs  may  be  issued  by  the  Gov- 
ernor, under  such  regulations  as  may  be  prescribed 
by  law.     N.  J.,  414. 

— If  any  election  district  shall  neglect  to  choose  a 
member  or  members  on  the  day  of  election,  or  if  any 
person  chosen  a  member  of  either  Hou.se  shall  refuse 
to  qualify  and  take  his  seat,  or  shall  resign,  die,  depart 
the  St<ate,  accept  any  disqualifying  office,  or  become 
otherwise  disqualified  to  hold  his  seat,  a  writ  of  elec- 
tion shall  be  issued  by  the  President  of  the  Senate, 
or  Speaker  of  the  Huuse  of  Representatives,  as  the 
case  may  be,  for  the  purpose  of  filling  the  vacancy 
thereby  occasioned,  for  the  remainder  of  the  term  for 
which  the  person  so  refusing  to  qualify,  resigning, 
dying,  departing  the  State,  or  becoming  disqualified, 
was  elected  to  serve,  or  the  defaulting  election  dis- 
trict ought  to  have  chosen  a  member  or  members. 
S.  a,  484. 

— when  vacancies  happen  in  either  House,  writs  of 
election  shall  be  issued  by  the  Speakers  respectively, 
or  in  cases  of  necessity,  in  such  other  manner  as  shall 
be  provided  by  law;  and  the  pcr.sons  thereupon  cho- 
sen shall  hold  their  seats  as  long  as  those  in  whose 
stead  tliey  are  elected  might  have  done,  if  such 
vacancies  had  not  happened.  Del,  118. 
— The  General  Assembly  shall  regulate  by  law,  by 
whom  and  in  what  manner  writs  of  election  shall  be 
issued  to  fill  the  vacancies  which  may  happen  in 
either  branch  thereof.     La.,  229. 

— When,  during  a  recess  of  the  Legislative  Assembly, 
a  vacancy  shall  happen  in  any  office  the  appointment 
to  which  is  vested  in  the  Legislative  Assembly,  or 
when  at  any  time  a  vacancy  shall  have  occurred  in 
any  other  State  office,  or  in  the  office  of  judge  of  any 
court,  the  Governor  shall  fill  such  vacancy  by  appoint- 
ment, which  shall  expire  when  a  successor  shall 
have  been  elected  and  qualified.  Or.,  453. 
— If  any  member  of  the  Senate  or  General  Assem- 
bly shall  be  elected  to  re|. resent  this  State  in  the 
Siinate  or  Hou.se  of  Representatives  of  the  United 
States,   and  shall  accept  thereof,  or  shall  accept  of 


67 


1  §  10.  A  majority  of  each  House  shall  constitute  a  quorum  to  do  business. 

2  Each  House  shall  determine  the  rules  of  its  own  proceedings,  and  be  the  judge 

3  of  the  elections,  returns  and  qualifications  of  its  own  members  ;  shall  choose 

4  its  own  officers ;  and  the  Senate  shall  choose  a  temporary  president,  when  the 

5  Lieutenant-Governor  shall  not  attend  as  president,  or  shall  act  as  Governor. 


any  office  or  appointment  under  the  government  of 
the  United  States,  his  seat  in  the  Legislature  of  this 
State  shall  thereby  be  vacated.  N.  J..  413. 
— The  two  Houses  shall  direct  writs  of  election  for 
supplying  intermediate  vacancies.  A''.  C,  424. 
— And  in  case  the  elections  required  by  this  Consti- 
tution on  the  first  Wednesday  of  January,  annually, 
by  the  two  Houses  of  the  Legislature,  shall  not  be 
completed  on  that  day.  the  same  may  be  adjourned 
from  day  to  day  until  completed,  in  the  following 
order :  The  vacancies  in  the  Senate  shall  first  be 
filled  ;  the  Governor  shall  then  be  elected,  if  there  be 
no  choice  by  the  people ;  and  afterwards,  the  two 
Houses  shall  elect  the  Council  Me.,  247. 
— The  members  of  the  House  of  Representatives, 
and  such  Senators  as  shall  be  declared  elected  shall 
take  the  names  of  such  persons  as  shall  be  found  to 
have  the  highest  number  of  votes  in  such  district, 
and  not  elected,  amounting  to  twice  the  number  of 
Senators  wanting,  if  there  be  so  many  voted  for, 
and  out  of  these  shall  elect  by  ballot  a  number  of 
Senators  sufficient  to  fill  up  the  vacancies  in  such 
district;  and  in  this  manner  all  such  vacancies  shall 
be  filled  up  in  every  district  of  the  Commonwealth; 
and  in  like  manner  all  vacancies  in  the  Senate; 
arising  by  deatli,  removal  out  of  the  State  or  other- 
wise, shall  be  supplied  as  soon  as  may  be  after  such 
vacancies  shall  happen.  Mass.,  285. 
— Each  House  shall  settle  its  own  rules  of  proceed- 
ing, and  direct  writs  of  election  for  supplying  inter- 
mediate vacancies,  but  if  vacancies  shall  occur  during 
the  recess  of  the  General  Assembly,  such  writs  may 
be  issued  by  the  Governor,  under  such  regulations  as 
may  be  prescribed  by  law.     Va.,  536. 


NUMBER  FORMING  A  QUORUM. 


— A  majority  of  the  said  members  shall,  from  time  to 
time,  constitute  a  House  to  proceed  upon  business. 
N.  Y.  (1777),  28;  (1821,)  35. 

— Eacli  House  shall  determine  the  rules  of  its  own 
proceedings,  and  be  the  judge  of  the  qualifications  of 
its  own  members.  Each  House  shall  choose  its  own 
officers;  and  the  Senate  .shall  choose  a  temporary 
President,  when  the  Lieutenant-Governor  shall  not 
attend  as  President,  or  shall  act  as  Governor.  N.  T. 
(1821),  3.5. 

— A  majority  of  each  House  shall  constitute  a  quorum 
to  do  business;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  compel  the  attendance  of 
absent  members,  in  such  manner,  and  under  such 
penalties,  as  e;ich  house  may  provide.  AJa.,  76; 
C«/.,  93;  a.,  109;  Fl,  132;  Ga.,  143;  Iowa,  185; 
Kan.,  199;  Md.,  262;  Mich.,  302;  Min.,  321;  Mn., 
353;  Neb.,  372;  Nev.,  382;  M  J.,  414;  0)w>,  433; 
Pa.,  412;  R.  I.,  476;  Vt.,  528;  Va.,  536;  W.  Va., 
551  ;  Wis,  562;  Miss.,  337:  S.  C,  483. 
—  Two-thirds  of  each  House  shall  constitute  a 
quorum  to  do  business,  but  a  sm.dler  number  may 
atljourn  from  day  to  day,  and  compel  the  attendance 
of  absent  membei-s,  in  such  manner  and  under  such 
penalties  as  each  hous(!  shall  provide.  Ark.,8ti;  111., 
152;  /«rf.,  173;  Or,  460;  Tenn.,A'd'i;  fax.,  508. 
— Each  House  shall  judge  of  the  elections,  returns, 
and  quahfications  ot  its  own  members ;  and  a  majority 


of  each  shall  constitute  a  quorum  to  do  business;  but 
a  smaller  number  may  adjourn  from  day  to  day,  and 
shall  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such  manner,  and  under  such  penalties 
as  shall  be  deemed  expedient.  Del.,  118;  Me.,  243. 
— A  quorum  being  in  attendance,  if  either  House  fail 
to  effect  an  organization  within  the  first  five  days 
thereafter,  the  members  of  the  House  so  failing  shall 
be  entitled  to  no  compensation  from  the  end  of  the 
said  five  days  until  an  organization  shall  have  been 
effected.     Ind.,  173. 

— Not  less  than  a  majority  of  the  members  of  each 
House  of  the  General  Assembly  shall  constitute  a 
quorum  to  do  business,  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  shall  be  authorized  by 
law  to  compel  the  attendance  of  absent  members,  in 
such  manner  and  under  such  penalties  as  may  be  pre- 
scribed thereby.  Ky.,  211;  La.,  228. 
— Not  less  than  one  hundred  members  of  the  House 
of  Representatives  shall  constitute  a  quorum  for  doing 
business;  but  a  less  number  may  organize  temporarily, 
adjourn  from  day  to  day,  and  compel  the  attendance 
of  absent  members.  Mass.,  292. 
— Not  less  than  sixteen  members  of  the  Senate  shall 
constitute  a  quorum  for  doing  business.  Mass..  285. 
— A  majority  of  the  members  of  the  House  of  Repre- 
sentatives shall  be  a  quorum  for  doing  business;  but 
when  less  than  two-thirds  of  the  Representatives 
elected  shall  be  present,  the  assent  of  two-thirds  of 
those  members  shall  be  necessary  to  render  their  acts 
and  proceedings  valid.  N.  H.,  403  ;  Or.,  460. 
— That  neither  House  of  the  General  Assembly  shall 
proceed  upon  public  business,  unless  a  majority  of  all 
the  members  of  such  House  are  actually  present. 
N.  a,  420. 

— The  mode  of  organizing  Ihe  House  of  Representa- 
tives, at  the  commencement  of  each  regular  session, 
shall  be  prescribed  by  law.  iVeft.,  372;  OAw,  434. 
— The  organization  of  the  two  Houses  may  be  regu- 
lated by  law,  subject  to  the  limitations  contained  in 
this  Constitution.     R.  I.,  476. 


POWERS  OF  THE  LEGISL.^TURE— ORGANI- 
ZATION •  AND  BUSINESS  OF  THE  TWO 
HOUSES. 


— That  the  Senate  and  House  of  Commons,  ■when 
met,  shall  each  have  power  to  choose  a  Speaker,  and 
their  other  officers;  be  judges  of  the  qualifications 
and  elections  of  their  members ;  sit  upon  their  own 
adjournments  from  day  to  day ;  and  prepare  bills  to 
be  passed  into  laws.  The  two  Houses  shall  direct 
writs  of  election,  for  supplying  intermediate  vacan- 
cies ;  and  shall  also  jointly,  by  ballot,  adjourn  them- 
selves to  any  future  day  and  place.  N.  C,  424 
— The  presiding  officer  shall  be  styled  the  President 
of  the  Senate,  and  shall  be  elected  viva  voce  from 
their  own  body.     Qa.,  144. 

— The  presiding  officer  of  the  House  of  Representa- 
tives shall  be  styled  the  Speaker,  and  shall  be  elected 
viva  voce  from  their  own  boiiy.  Ga.,  1 45. 
— The  Senate  shall  appoint  tlieir  president  and  other 
officers,  and  determine  their  own  rules  of  proceed- 
ings. And  not  less  than  seven  members  of  the  Sen- 
ate  shall  make  a  quorum  for  doing  business;  and 


68 


when  less  than  ei^ht  Senators  shall  be  present,  the 
assent  of  five,  at  least,  shall  be  necessary  to  render 
their  acts  and  proceedings  valid.  N.  IL,  404. 
— Each  House  shall  have  all  powers  necessary  for  a 
branch  of  the  legislative  department  of  a  free  and 
independant  State.     /hA,  173;    Or,  451. 

—  The  General  .Assembly  shall  continue  to  exescise 
the  powers  they  have  hitherto  exercised,  unless  pro- 
hibited by  the  Constitution.     R.  /.,  476. 

—  B".  it  ordninel,  That  the  Legislature  of  this  State 
shall  have  full  and  complete,  ample  and  plenary  power 
and  right  to  a.soertain,  adjust  and  settle,  any  and  all 
pecuniary  liability  and  indebtedness  of  this  State,  or 
the  citizens  thereof,  to  the  government  of  the  United 
States  of  America,  under  and  by  reason  of  the 
revenue  laws  of  the  latter,  either  past,  present  or 
future ;  and  to  provide  by  law  or  otherwise,  in  such 
way  and  manner,  and  on  such  terms  as  the  Legislature 
may  in  its  opinion,  deem  or  declare  to  be  most  wise, 
judicious  and  expedient,  for  the  ascertainment,  adjust- 
ment and  present  or  idtimate  .settlement  and  pay- 
ment of  the  same ;  herehy  intending  to  confer,  and 
actually  conferring  upon  the  Legislature  of  this  State, 
full  and  abisolute  power,  and  right  to  pledge  and  use 
the  faith  and  credit  of  the  State,  and  to  do  and  per- 
form whatever  is  or  may  be  necessary,  proper  or 
expedient  in  the  premises  aforesaid. 

Adopted,  August  24,  18G5.     Miss.,  345. 

— And  further,  full  power  and  authority  are  hereby 
given  and  granted  to  the  said  General  Court  from 
time  to  time,  to  make,  ordain  and  establish  all  man- 
ner of  wholesome  and  reasonable  order.s,  laws,  stat- 
utes and  ordinances,  directions  and  instructions, 
either  with  penalties  or  without,  so  as  the  .same  be 
not  repugnant  or  contrary  to  this  Constitution,  as 
they  shall  judge  to  be  for  the  good  and  welfare  of 
this  Commonwealth,  and  for  the  government  and 
ordering  thereof,  and  of  the  subjects  of  the  same,  and 
and  for  the  necessary  support  and  defense  of  the 
government  thereof;  and  to  name  and  settle  annually, 
or  provide  by  fixed  laws,  for  the  naming  and  settling 
all  civil  officers  within  the  said  Commonwealth,  the 
election  and  constitution  of  whom  are  not  hereafter 
in  this  form  of  government  otherwise  provided  for ; 
and  to  set  forth  the  several  duties,  powers  and  limits 
of  the  several  civil  and  military  oflicers  of  this  Com- 
monwealth, and  the  forms  of  such  oaths  or  affirma- 
tions as  shall  be  respectively  administered  unto  them 
for  the  execution  of  their  several  offices  and  places 
so  as  the  same  be  not  repugnant  or  contrary  to  this 
Constitution ;  and  to  impose  and  levy  proportional 
and  reasonable  assessments,  rates  and  taxes  upon  all 
the  inhabitants  of,  and  persons  resident,  and  estates 
lying  within  the  said  Commonwealih;  and  also  to 
impose  and  levy  rea.sonable  duties  and  excises  upon 
any  produce,  goods,  wares,  merchandise  and  com- 
modities whatsoever,  brought  into,  produced,  manu- 
factured, or  being  within  the  same,  to  be  issued  and 
disposed  of  by  warrant,  under  the  hand  of  the  Gov- 
ernor of  this  commonweath,  for  the  time  being,  with 
the  advice  and  consent  of  the  Council,  for  the  public 
service,  in  the  necessary  defense  and  support  of  the 
government  of  the  said  Commonwealth,  and  the 
protection  and  preservation  of  tlie  subjects  thereof, 
according  to  such  acts  as  are  or  shall  be  in  force 
within  the  same.     Mass.,  283. 

— They  may  administer  oaths  and  affirmations  in 
matters  depending  before  them ;  redress  grievances, 
impeach  State  criminals,  grant  charters  of  incorpora- 
tion, constitute  towns,  boroughs,  cities  and  counties ; 
they  may  annually,  on  their  first  session  after  their 
election  [in  conjunction  with  the  Council]  (or  oftener 
if  need  be),  elect  judges  of  the  Supreme  [and  several 
County  and  Probate]  Courts,  [Sheriffs  and  Justices  of 
the  Peace,]  and  also  [with  the  Council]  may  elect 
Major-Generals  and  Brigadier  Generals,  from  time  to 
time,  as  often  as  there  shall  be  occasion ;  and  they 
shall  have  all  other  powers  necessary  for  the  Legisla- 
ture of  a  free  and  sovereign  State.  But  they  shall 
have  no  power  to  add  to,  alter,  abolish  or  infringe 
any  part  of  this  Constitution.     Vt.,  523. 


DECISIONS  UPON  QUALIFICATION  OF  MEM- 
BERS—PUNISHMENT FOR  DISORDERLY 
CONDUCT. 

— Each  House  may  determine  the  rules  of  its  own 
proceedings,  punish  members  for  disorderly  behavior, 
and,  with  the  consent  of  two-third.s,  expel  a  member, 
but  not  a  second  time  for  the  same  offense;  and  shall 
have  all  other  powers  necessary  for  a  branch  of  the 
Legislature  of  a  free  and  independent  State.  Ala., 
7G;  CT.,  lOJ;  Z>e?.,  118;  /owa,  185;  J/m.,  337;  Neb., 
372;   Pa.,  462;   Tenn.,  403. 

— Each  House  may,  during  the  session,  punish  by 
imp'isonment  any  person,  not  a  member,  for  disre- 
spectful or  disorderly  behavior  in  its  presence  [Tenn., 
493],  or  for  obstructing  any  of  its  proceedings;  Pro- 
vided, That  such  imprisonment  shall  not,  at  any  one 
time,  exceed  forty-eight  hours.  Ala.,'iG;  Miss.,  337 ; 
71-x.,  .508. 

— And  each  House  may  punish,  by  fine  and  imprison- 
ment, any  person  not  a  member,  who  shall  be  guilty 
of  disrespect  to  the  House,  by  any  disoj-derly  or  con- 
temptuous behavior  in  their  presence  during  their 
session,  but  such  imprisonment  shall  not  extend 
beyond  the  final  adjournment  of  that  session.  Ark.,  86. 
— Bich  House,  during  the  se.ssion,  may  punish,  by 
imprisonment,  any  person  not  a  meniber,  for  disre- 
spectful or  disorderly  behavior  in  its  presence,  or  for 
obstructing  any  of  its  proceedings,  provided  such 
imprisonment  shall  not  extend  beyond  the  end  of  the 
session.     Fl.,  132. 

— Each  House  shall  determine  the  rules  of  its  own 
proceedings,  and  may,  with  the  concurrence  of  two- 
thirds  of  all  the  members  elected,  expel  a  member. 
Cat,  98. 

— Each  House  may  deterrhine  the  rules  of  its  own 
proceedings,  punish  its  members  for  disorderly 
behavior,  and,  with  the  consent  of  two-thirds,  expel 
a  member,  but  not  a  second  time  for  the  same  cause. 
Fl.,  132;  Ind.,  173;  Ki/.,  211;  La.,  2J8;  Ark.,8G; 
Me,2i3;  Md.,  2C>-2;  Or.,  451;  R.  /,  475;  \V.  Va., 
551;  Fa.,  536;  Wis.,  5G> ;  Tkc.,  508. 
— Each  House  shall  be  the  judge  of  the  election 
returns  and  qualifioarions  of  its  own  members ;  and 
shall  have  power  to  punish  them  for  disorderly 
behavior  or  misconduct,  by  censure,  fine,  imprison- 
ment or  expulsion ;  but  no  member  shall  be  expelled 
except  by  a  vote  of  two-thirds  of  the  House  from 
which  he  is  expelled.  Ga.,  145. 
— Each  House  may  punish,  by  imprisonment,  not 
extending  beyond  the  session,  any  person  not  a 
member,  who  shall  be  guilty  of  a  contempt  by  any 
disorderly  behavior  in  its  presence;  or  who,  during 
the  session,  shall  threaten  injury  to  the  person  or 
estate  of  any  member,  for  anything  said  or  done  in 
either  House ;  or  who  shall  assault  or  arrest  any 
witness  going  to  or  returning  from,  or  who  shall 
rescue,  or  attempt  to  rescue,  any  person  arrested  by 
either  House.     Oa.,  14.5. 

— Each  House  may  determine  the  rules  of  its  pro- 
ceedings, punish  its  members  for  disorderly  behavior, 
and  with  the  concurrence  of  two-thirds  of  all  the 
members  elected,  expel  a  member,  but  not  a  second 
time  for  the  same  cause ;  and  the  reason  for  such 
expulsion  shall  be  entered  upon  the  journal,  with  the 
names  of  the  members  votmg  on  the  question.  III., 
152. 

— Each  House  may  punish,  by  imprisonment,  during 
its  session,  any  person  not  a  member,  who  shall  be 
guilty  of  disrespect  to  the  House,  by  any  disorderly 
or  contemptuous  behavior  in  their  presence:  Provided, 
such  imprisonment  shall  not,  at  any  one  time,  exceed 
twenty-tour  hours.  ///.,  153;  Lid.,  173;  Or.,  451; 
Min.,  322. 

— Each  House  of  the  General  Assembly  shall  judge 
of  the  quahfications,  elections,  and  returns  of  its 
members;  but  a  contested  election  shall  be  determined 
in  such  manner  as  shall  be  directed  by  law.  Ky., 
211;  La.,  228;  Pa.,  262. 

— Each  House  may  punish,  by  imprisonment,  any 
person  not  a  member,  for  disrespectful  and  disorderly 
behavior  in  its  presence,  or  for  obstructing  any  of  its 


69 


proceedings.  Such  imprisonment  shall  not  exceed 
ten  days  for  any  one  olFense.  La.,  228. 
— Each  House  may  punish,  by  imprisonment  during 
the  session  of  the  General  Assembly,  any  person  not 
a  member,  for  disrespectful  or  disorderly  behavior  in 
its  presence,  or  for  obstructing  any  of  its  proceed- 
ings, or  any  of  its  officers  in  the  execution  of  their 
duties;  provided  such  imprisonment  shall  not,  at 
any  one  time,  exceed  ten  day.s.  Md.,  2G2 ;  (similar 
except  term  of  imprisonment  which  may  not  extend 
beyond  the  period  of  session)  J/e.,  24.3 ;  Nev.,  3H2. 
— The  House  of  Representatives  shall  be  the  judge 
of  the  returns,  elections  and  qualifications  of  its  own 
members,  as  pointed  out  in  the  Constitution ;  shall 
choose  their  own  Speaker,  appoint  their  own  officers, 
.and  settle  the  rules  and  order  of  proceeding  in  their 
'  own  House.  They  shall  have  authority  to  punish  by 
imprisonment,  every  person,  not  a  member,  who 
shall  be  guilty  of  disrespect  to  the  House,  by  any 
disorderly  or  contemptuous  behavior  in  its  presence  ; 
or  who,  in  the  town  where  the  General  Court  is 
■sitting,  and  during  the  time  of  its  sitting,  shall 
threaten  harm  to  the  body  or  estate  of  any  of  its 
members,  for  anything  said  or  done  in  the  House; 
or  who  shall  assault  any  of  them  therefor ;  or  who 
shall  assault  or  arrest  any  witness,  or  other  person, 
ordereil  to  attend  the  House,  in  his  way  in  going  or 
returning;  or  who  shall  rescue  any  person  arrested 
by  the  order  of  the  House,  i/a.ss.,  286. 
— The  Senate  shall  have  the  same  powers  in  the  like 
cases;  and  the  Governor  and  Council  shall  have  the 
same  authority  to  punish  in  like  cases ;  Provided, 
That  no  imprisonment,  on  the  warrant  or  order  of 
the  Governor,  Council,  Senate,  or  House  of  Repre- 
sentatives, for  either  of  the  above  described  offenses, 
be  for  a  term  exceeding  thirty  days.  Mass.,  286. 
— Each  House  shall  be  a  judge  of  the  election  returns, 
and  eligibility  of  its  own  members.  Cat.  98  ;  Mass., 
286;  M/iB.,  321;    IK  Fa.,  551. 

— Each  House  may  determine  the  rules  of  its  pro- 
ceedings, sit  upon  its  own  adjournment,  punish  its 
members  for  disorderly  behavior,  and,  with  the  con- 
currence of  two-thirds,  expel  a  member,  but  no 
member  shall  be  expelled  a  second  time  for  the  same 
offense.     Minn.,  321. 

— Each  House  shall  choose  its  own  officers,  deter- 
mine the  rules  of  its  proceedings,  and  judge  of  the 
qualifications,  election  and  return  of  its  members, 
and  may,  with  the  concurrence  of  two-thirds  of  all 
the  members  elected,  expel  a  member.  No  member 
shall  be  expelled  a  second  time  for  the  same  cause, 
nor  for  any  cause  known  to  his  constituents  antece- 
dent to  his  election.  The  reason  for  such  expulsion 
shall  be  entered  upon  the  journal,  with  the  names  of 
the  members  voting  on  the  question.  Mich.,  302. 
— Each  House  shall  appoint  its  own  officers;  shall 
judge  of  the  qualifications,  elections  and  returns  of  its 
own  members,  may  determine  the  rules  oi  its  pro- 
ceedings ;  may  arrest  and  punish,  by  fine,  not  exceed- 
ing three  hundred  dollars,  or  by  imprisonment  in  a 
county  jail  not  exceeding  ten  days,  or  both,  any  per- 
son, not  a  member,  who  shall  be  guilty  of  disrespect 
to  the  House,  by  any  disorderly  or  contemptuous 
behavior  in  its  pre-sence  during  its  session ;  may  pun- 
i.«h  its  members  for  disorderly  behavior,  and,  with 
the  concurrence  of  two-tliirds  of  all  the  members 
elected,  may  expel  a  member ;  but  no  member  shall 
be  expelled  a  second  time  for  tlie  same  cause.  Mo., 
353. 

— Each  House  shall  choose  its  own  officers,  determine 
the  rules  of  its  proceedings,  punish  its  members  for 
disorderly  behavior,  and,  with  the  concurrence  of 
two-thirdii,  may  expel  a  member.  iV!  J.,  414. 
— Each  House  shall  judge  of  the  qualifications,  elec- 
tions and  returns  of  its  own  members,  choose  its  own 
officers  (except  the  President  of  the  Senate),  deter- 
mine the  rules  of  its  proceedings,  and  may  punish  its 
members  for  disord'-rly  conduct,  and,  with  the  con- 
currence of  two-thirds  of  all  the  members  elected, 
expel  a  member.     Nev.,  382. 

— The  House  of  Representatives  .shall  choose  their 
own  Speaker,  appoint  their  own  officers,  and  settle 
18 


the  rules  of  proceedings  in  their  own  House;  and 
shall  be  judge  of  the  returns,  elections  and  qualifica- 
tions of  its  members,  as  pointed  out  in  this  Constitu- 
tion. They  shall  have  authority  to  punish  by 
imprisonment  every  person  who  shall  be  guilty  of 
disrespect  to  the  House  in  its  presence  by  any  dis- 
orderly and  contemptuous  behavior,  or  by  threatening 
or  ill-treating  any  of  its  members ;  or  by  obstructing 
its  deliberations ;  every  person  guilty  of  a  breach  of 
its  privileges  in  making  ar^'ests  for  debt,  or  by  assault- 
ing any  member  during  his  attendance  at  any  session ; 
in  assaulting  or  disturbing  any  one  of  its  officers  in  the 
execution  of  any  order  or  procedure  of  the  House ; 
in  assaulting  any  witness  or  other  person  ordered  to 
attend,  by  and  during  his  attendance  of  the  House,  or 
in  rescuing  any  person  arrested  by  order  of  the 
House,  knowing  them  to  be  such.     N.  H.,  403. 

—  The  Senate,  Governor  and  Council  shall  have  the 
same  power  in  like  cases  ;  provided  that  no  imprison- 
ment by  either,  for  any  offense,  exceed  ten  days.  N. 
//,  403. 

— The  Senate  shall  be  final  judges  of  the  elections, 
returns  and  qualifications  of  their  own  members,  as 
pointed  out  in  this  Constitution.     N.  II..  404. 

—  Each  House,  when  assembled,  shall  choose  its  own 
officers;  judge  of  the  election,  qualifications,  and 
returns  of  its  own  members;  determine  its  own  rules 
of  proceeding,  and  sit  upon  its  own  adjournments. 
Or.,  450. 

— Each  House,  except  as  otherwise  provided  in  this 
Constitution,  shall  choose  its  own  officers,  may  deter- 
mine its  own  rules  of  proceeding,  punish  its  mem- 
bers for  disorderly  conduct,  and,  with  the  concurrence 
of  two-thirds,  expel  a  member,  but  not  the  second 
time  for  the  same  cause;  and  shall  have  all  other 
powers  necessary  to  provide  for  its  safety  and  the 
undisturbed  transaction  of  its  business.  Ohio,  434. 
— Each  House  shall  choose  its  own  officers,  determine 
its  rules  of  proceeding,  punish  its  members  for  disor- 
derly behavior,  and,  with  the  concurrence  of  two- 
thirds,  expel  a  member,  but  not  a  second  time  for  the 
same  cause.     S.  C,  483. 

— Each  House  may  punish,  by  imprisonment,  during 
its  sitting,  any  person,  not  a  member,  who  shall  be 
guilty  of  disrespect  to  the  House  by  any  disorderly 
or  contemptuous  behavior  in  its  presence;  or  who, 
during  the  time  of  its  sitting,  shall  threaten  harm  to 
body  or  estate  of  any  member  for  anything  said  or 
done  in  either  House,  or  who  shall  as.sault  any  of 
them  therefor,  or  who  shall  assault  or  arrest  any  wit- 
ness or  other  person  ordered  to  attend  the  House,  in 
his  going  thereto,  or  returning  therefrom,  or  who 
shall  rescue  any  person  arrested  by  order  of  the 
Hou,se.  5.  C,  484;  i/os.?.,  286. 
— They  shall  have  power  to  choose  their  Speaker, 
their  Clerk  and  other  necessary  officers  of  the  House ; 
sit  on  their  own  adjournments;  prepare  bills  and 
enact  them  into  laws ;  judge  of  the  elections  and 
qualifications  of  their  own  members ;  they  may  expel 
members,  but  not  for  caiLses  known  to  their  con- 
stituents antecedent  to  their  election.  Vl.,  523. 
— Each  House  shall  judge  of  the  election,  qualifica- 
tion and  returns  of  its  members,  may  punish  them 
for  disorderly  behavior,  and,  with  the  concurrence  of 
two-thirds,  expel  a  member,  but  not  a  second  time 
for  the  same  olfense.      Va.,  536. 

— Each  branch  shall  have  the  power  necessary  to 
provide  for  its  own  safety,  and  the  undisturbed 
transaction  of  its  business,  and  may  punish,  by 
imprisonment,  any  person,  not  a  member,  for  disre- 
spectful behavior  in  its  presence ;  obstructing  any  of 
its  proceedings,  or  any  of  its  officers  in  the  discharge 
of  his  duties ;  or  for  any  assault,  threatening  or  abuse 
of  a  member  for  words  spoken  in  debate.  But  such 
imprisonment  shall  not  extend  beyond  the  termina- 
tion of  the  session,  and  shall  not  prevent  the  punish- 
ment of  any  offense  by  the  ordinary  course  of  law. 

W.  Va.,  551. 

— Each  House  shall  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members.  Ark., 
86;    Neb.,   373;    N.  J.,  414;    Ohio,  A?,Z;    FL,    132; 

Wis.,  562 ;  III.,  152 ;  Iowa,  185 ;  Miss.,  337 ;  S.  C,  483. 


70 


1  g  11.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  publish  the 

2  same,  except  such  parts  as  may  require  secrecy.    The  doors  of  each  House 

3  shall  be  kept  open,  except  when  the  public  welfare  shall  require  secrecy. 

4  Neither  House  shall,  without  the  consent  of  the  other,  adjourn  for  more  than 


5  two  days. 

— Each  House  shall  establish  its  own  rules,  and  shall 
be  judge  of  the  elections,  returns  and  qualifications 
of  its  own  members.     Kan.,  199. 


EACH  HOUSE  MAY  CHOOSE  ITS  OWN 
OFFICERS. 

— That  the  Assembly,  thus  constituted,  shall  choose 
theirown  speaker,  bejudgesoftheirown  member.',  and 
enjoy  the  same  privileges,  and  proceed  in  doing  busi- 
nes.«,  in  like  manner,  as  the  assemblies  of  the  colony 
of  New  York  of  right  formerly  did.  N.  Y.,  (1777), 
21. 

— At  the  first  regular  called  session  after  each  general 
election  for  Representatives,  the  Senate  shall  choose 
a  President  and  its  other  officers,  and  the  House  of 
Representatives  shall  choose  a  Speaker  and  its 
other  officers;  and  the  officers  so  chosen  shall  be 
entitled  to  hold  their  respective  offices  until  the  next 
general  election  for  Representatives.  Each  House 
shall  judge  of  the  qualifications,  elections,  and  returns 
of  its  own  members;  but  a  contested  election  shall 
be  determined  in  such  manner  as  may  be  by  law  pro- 
Tided.     Ala.,  76. 

— The  House  of  Representatives,  when  assembled, 
shall  choose  a  Speaker,  Clerk,  and  other  officers.  The 
Senate  shall  choose  its  Clerk  and  other  officers, 
except  the  President.  Ct ,  109. 
-  Each  House  shxll  choose  its  Speaker  and  other 
officers;  and  also  each  House  whose  Speaker  shall 
exercise  the  office  of  Governor,  may  choose  a  Speaker 
pro  tempore.     FL,  132. 

— The  Senate  and  House  of  Representatives,  when 
assembled,  shall  each  choose  a  Speaker  and  other 
officers  (the  Speaker  of  the  Senate  excepted).  Each 
House  shall  judge  of  the  qualifications  and  election 
of  its  members,  and  sit  upon  its  own  adjournments. 
Ind.,  173;  III,  152. 

— The   House   of   Representatives  shall  choose   its 
Speaker  and  other  officers.     Ky.,  210. 
— The  House  of  Representatives  shall  choose  their 
Speaker,  Clerk,  and  other  officers.      Me.,  242 ;  Mass., 
2S6. 

— The  Senate  shall  choose  their  President,  Secretary, 
and  otlier  officers.     Me ,  242. 

— The  Senate  shall  choose  its  own  President,  appoint 
its  own  officers,  and  determine  its  own  rules  of  pro- 
ceedings.    Mass.,  285. 

— The  House  of  Representatives  shall  elect  its  pre- 
siding officer,  and  the  Senate  and  House  of  Repre- 
sentatives sliall  elect  such  other  officers  as  may  be 
provided  by  law.     Min.,  321. 

— The  House  of  Representatives  shall  choose  their 
own  Speaker,  appoint  their  own  officers,  and  settle 
the  rules  of  proceedings  in  their  own  House.  N. 
K,  403. 

— Each  House  shall  choose  its  Speaker  and  other 
officers,  and  the  Senate  shall  also  choose  a  Speaker 
pro  tempore,  when  the  Speaker  shall  exercise  the 
office  of  Governor.     Pa.,  462. 

— The  House  of  Representatives  shall  have  authority 
to  elect  its  Speaker,  Clerks,  and  other  officers.  The 
senior  member  from  the  town  of  Newport,  if  any  be 
present,  shall  ])reside  in  the  organization  of  the 
House.     R.  /,  477. 

— The  House  of  Delegates  shall  choose  its  own 
Speaker,  and  in  the  absence  of  the  Lieutenant-Gov- 
ernor, or  when  he  shall  exercise  the  office  of  Gov- 


ernor, the  Senate  shall  choose  from  their  own  body 
a  President  pro  tempore,  and  each  House  shall  appoint 
its  own  officers.     Va.,  536. 

— The  House  of  Representatives,  when  assembled, 
shall  elect  a  Speaker  and  its  otlier  officers,  and  the 
Senate  shall  choose  a  President  for  the  time  being 
and  its  other  officers.  Each  House  shall  judge  of 
the  qualifications  and  elections  of  its  own  members, 
but  contested  elections  shall  be  determined  in  such 
manner  as  shall  be  directed  by  law.  Tex.,  508. 
— The  Senate  shall  choose  from  their  own  body  a 
President,  and  the  House  of  Delegates  one  of  their 
own  number  as  Speaker.  Each  branch  shall  appoint 
its  own  officers  and  remove  them  at  pleasure ;  and 
shall  determine  its  own  rules  of  proceeding.  IF.  Ya., 
551. 

— Each  House  shall  choose  its  own  officers,  and  the 
Si-nate  shall  chose  a  temporary  President,  when  the 
Lieutenant-Governor  shall  not  attend  as  President, 
or  shall  act  as  Governor.  Wis.,  5G2. 
— The  elective  officers  of  the  Legislature,  other  than 
the  Presiding  officers,  shall  be  a  Chief  Clerk  and  a 
Sergeant-at-Arms,  to  be  elected  by  each  House. 
Wis,  571. 

— The  Senate  and  House  of  Representatives,  when 
assembled,  shall  each  choose  a  Speaker  and  its  other 
officers,  be  judges  of  the  qualifications  and  election 
of  its  members,  and  sit  upon  its  own  adjournments 
from  day  to  day.     Tenn.,  493. 

— The  Senate  shall  have  the  like  powers  to  decide 
on  the  election  and  qualifications  of,  and  to  expel  any 
of  its  members;  make  its  own  rules,  and  appoint  its 
own  officers,  as  are  incident  to,  or  are  possessed  by, 
the  House  of  Representatives.     Yt.,  528. 


JOURNAL    OF    PROCEEDINGS  — RIGHT    OF 
RECORDING  PROTEST. 

— And  the  journals  of  all  their  proceedings  shall  be 
kept  in  the  manner  heretofore  accustomed  by  the 
General  Assembly  of  the  colony  of  New  York;  and 
(except  such  parts  as  they  shall,  as  aforesaid,  respec- 
tively determine  not  to  be  made  public),  be,  from  day 
to  day  (if  the  business  of  the  Legislature  will  permit) 
published.     A^  Y.  (1777),  28. 

— Each  House  shall  keep  a  journal  of  its  proceedings, 
and  publish  the  same,  except  such  parts  as  may 
require  secrecy.  The  doors  of  each  House  shall  be 
kept  open,  except  when  the  public  welfare  shall 
require  secrecy.  Neither  Ho;]se  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  two 
days.     N.  Y.  (1821),  35. 

— -Each  House  shall  keep  a  journal  of  its  own  pro- 
ceedings, and  cause  the  same  to  be  published  imme- 
diately after  its  adjournment,  excepting  such  parts  as, 
in  its  judgment,  may  require  secrecy ;  and  the  yeas 
and  naysof  the  members  of  either  House,  on  any  ques- 
tion, shall,  at  the  desire  of  any  two  members  present, 
de  entered  on  the  journals.  Any  member  of  either 
House  shall  have  liberty  to  dissent  from,  and  protest 
against,  any  act  or  resolution  which  he  may  think 
injurious  to  the  public  or  to  an  individual,  and  liave 
the  reasons  of  his  dissent  entered  on  the  journals. 
Ala.,  76. 

— They  shall  each,  from  time  to  time,  publish  a  jour- 
nal of  their  proceedings,  except  such  parts  as  may 
require  secrecy;  and  the  yeas  and  nays  upon  any 


n 


qaestion  shall  be  entered  on  the  journal  at  the  desire 
of  any  five  members.  Ark,  86  (nearly  similar)  Md., 
252. 

— Each  House  shall  keep  a  journal  of  its  own  proceed- 
ings, and  publish  the  same ;  and  the  yeas  and  nays 
of  the  members  of  eitlier  House  on  any  question 
shall,  at  the  desire  of  any  three  members  present,  be 
entered  on  the  journal.  CaL,  G8 ;  Miss.,  337 ;  Nev., 
382 ;  Tex.,  508 ;  (similar,  except  request  of  two  mem- 
bers), III.,  152. 

—Each  House  shall  keep  a  journal  of  its  proceedings, 
and  publish  the  same,  when  required  by  one-fifth  of 
its  members,  except  such  parts  as,  in  tlie  judgment 
of  a  majority,  require  secrecy.  The  yeas  and  nays 
of  the  members  of  either  House  shall,  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journals. 
CL,  109;  Me.,  243;  (nearly  similar),  Mch.,  302. 
— Each  House  shall  keep  a  journal  of  its  proceedings, 
and  publish  them  immediately  after  every  session, 
except  such  parts  as  may  require  secrecy,  and  the 
yeas  and  nays  of  the  members  on  any  question  shall, 
at  the  desire  of  any  member,  be  entered  on  the 
journal.     Del,  118. 

— Each  House  shall  keep  a  journal  of  its  proceedings, 
and  cause  the  same  to  be  published  immediately  after 
its  adjournment;  and  the  yeas  and  nays  of  the  mem- 
bers of  each  House  shall  be  taken  a-;d  entered  upon 
the  journals  upon  tlie  final  passage  of  every  bill,  and 
may  by  any  two  members,  be  required  upon  any  other 
question  ;  and  any  member  of  either  House  shall  have 
liberty  to  dissent  from  or  protest  against  any  act  or 
resolution  which  he  may  think  injurious  to  the  public, 
or  an  individual,  and  have  the  reasons  of  his  dissent 
entered  on  the  journal.  Fl,  132. 
— Each  House  shall  keep  a  journal  of  its  proceedings 
and  publish  them  immediately  after  its  adjournment. 
The  yeas  and  nays  of  the  members,  on  any  question, 
shall,  at  the  desire  of  one-fifth  of  the  members  pres- 
ent, be  entered  on  the  journals.  The  original  jour- 
nals shall  be  preserved  (after  publication)  in  the  office 
of  the  Secretary  of  State ;  but  there  shall  be  no  other 
record  thereof     Oa.,  145. 

— Whenever  this  Constitution  requires  an  act  to  be 
passed  by  two-thirds  of  both  Houses,  the  yeas  and 
nays  on  the  passage  thereof,  shall  be  entered  on  the 
journals  of  each.      Oa.,  145. 

— Any  two  members  of  either  House  shall  have  lib- 
erty to  dissent  and  protest  against  any  act  or  resolu- 
tion which  they  may  think  injurious  to  the  public,  or 
to  any  individual,  and  have  the  reasons  of  their  dis- 
sent entered  on  the  journals.  III.,  152;  Mm.,  312. 
— Any  member  of  either  House  shall  have  the  right 
to  protest,  and  to  have  his  protest,  with  his  reasons 
for  dissent,  entered  on  the  journal.  Ind.,  174;  (nearly 
similar,)  Mich.,  302;  N.  C,  426;  Or.  451. 
— Each  House  shall  keep  a  journal  of  its  proceedings, 
and  publish  the  same.  The  yeas  and  nays  on  any 
question  shall,  at  the  request  of  any  two  members, 
be  entered,  together  with  the  names  of  the  members 
demanding  the  same,  on  the  journal;  Provided,  That, 
on  a  motion  to  adjourn,  it  sliall  require  one-tenth  of 
the  members  pressnt  to  order  the  yeas  and  nays. 
Ind.,  173. 

— Every  member  of  the  General  Assembly  shall  have 
the  liberty  to  dissent  from  or  protest  against  any  act 
or  resolution  which  he  may  think  injurious  to  the 
public  or  any  individual,  and  have  the  reasons  for  his 
dissent  entered  on  the  journals;  and  the  yeas  and 
nays  of  the  members  of  either  House,  on  any  ques- 
tion, shall,  at  the  desire  of  any  two  members  present, 
be  entered  on  the  journals.  Iowa,  1 85. 
— Each  House  shall  sit  upon  its  own  adjournment, 
keep  a  journal  of  its  proceeJings,  and  publish  the 
same.     Imoa,  185;  Afin.,  321. 

— Each  House  shall  keep  and  publish  a  journal  of  its 
proceedings.  The  yeas  and  nays  shall  be  taken  and 
entered  immediately  on  the  journal,  upon  the  final 
passage  of  every  bill  or  joint  resolution.  Neither 
House,  without  the  consent  of  the  other,  shall  adjourn 
for  more  than  two  days,  Sundays  excepted.  Kan.,  199. 
— Any  member  of  either  House  shall  have  the  right 
to  protest  against  any  act  or  resolution ;   and  such 


protest  shall,  without  delay  or  alteration,  be  entered 
on  the  journal.     Kan.,  199. 

— Each  House  of  the  General  Assembly  shall  keep 
and  publish,  weekly,  a  journal  of  its  proceedings,  and 
the  yeas  and  nays  of  the  members  on  any  question 
shall,  at  tlie  desire  of  any  two  of  them,  be  entered 
on  their  journal.  Ki/.,  211 ;  La.,  228. 
— Each  House  shall,  from  time  to  time,  publish  a 
journal  of  its  proceedings,  except  such  parts  thereof 
as  may,  in  its  opinion,  require  secrecy  ;  and  the  yeas 
and  nays  on  any  question  shall  be  taken  and  entered 
on  the  journal,  at  the  desire  of  any  two  members. 
Whenever  the  yeas  and  nays  are  demanded  the 
whole  list  of  members  shall  be  caUed,  and  the  names 
of  absentees  shall  be  noted,  and  pubhshed  with  the 
journal.     Mo.,  353. 

— Each  House  shall  keep  a  correct  journal  of  its  pro- 
ceedings, which  shall  be  published.  At  tlie  desire  of 
any  three  members  in  the  Senate,  or  any  five  mem- 
bers in  the  House,  the  ayes  and  nays  shall  be  entered 
upon  the  journal  and  on  the  passage  of  every  bill, 
in  either  House,  the  vote  shall  be  taken  by  yeas  and 
nays,  and  entered  upon  the  journal,  and  no  law  shall 
be  passed  in  either  House  without  the  concurrence 
of  a  majority  of  all  the  members  elected  thereto. 
Neb.,  372. 

— Upon  a  motion  made  and  seconded,  the  yeas  and 
nays,  upon  any  question,  shall  be  taken  ami  entered 
on  the  journals;  and  that  the  journals  of  the  pro- 
ceedings of  both  Houses  of  the  General  Assembly 
shall  be  printed  and  made  public,  immediately  after 
their  adjournment.  jV.  C,  426. 
— The  journals  of  the  proceedings,  and  all  public  acta 
of  both  Houses  of  the  Legislature,  shall  be  printed 
and  published  immediately  after  every  adjournment 
or  prorogation  ;  and  upon  motion  made  by  any  one 
member,  the  yeas  and  nays  upon  any  question  shall 
be  entered  upon  the  journal ;  and  any  member  of 
the  Senate  or  House  of  Representatives  shall  have  a 
right,  on  motion  made  at  the  same  time  for  that  pur- 
pose, to  have  his  protest  or  dissent,  with  the  reasons, 
against  anv  vote,  resolve  or  bill  passed,  entered  on 
the  journal.     JV.  K,  403. 

— Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same ;  and  the 
yeas  and  nays  of  the  members  of  either  House  on 
any  question  shall,  at  the  desire  of  one-fifth  of  those 
present,  be  entered  on  the  journal.  JV!  J.,  414. 
— Any  member  of  either  House  shall  have  the  right 
to  protest  against  any  act  or  resolution  thereof; 
and  such  protest,  and  the  reasons  therefor,  shall, 
without  alteration,  commitment,  or  delay,  be  entered 
upon  the  journal.     Ohio,  434. 

— Each  House  shall  keep  a  correct  journal  of  its  pro- 
ceedings, which  shall  be  published.  At  the  desire  of 
any  two  members  the  yeas  and  nays  shall  be  entered 
upon  the  journal ;  and,  on  the  pa.ssage  of  every  bill,  in 
either  House,  the  vote  shall  be  taken  by  yeas  and 
nays  and  entered  U[ion  the  journal;  and  no  law  shall 
be  passed,  in  either  Hou.se,  without  the  concurrence 
of  a  majority  of  all  the  members  elected  thereto. 
Ohio,  434. 

— Each  House  shall  keep  a  journal  of  its  proceedings. 
The  yeas  and  nays  on  any  question  shall,  at  the 
request  of  any  two  members,  be  entered,  together 
with  the  names  of  the  members  demanding  the  same, 
on  the  journal ;  Provided,  That,  on  a  motion  to 
adjourn,  it  shall  require  one-tenth  of  the  members 
present  to  order  the  yeas  and  nays.  Or.,  450. 
— Each  House  shall  keep  a  journal  of  its  proceedings, 
and  publish  them  weekly,  except  such  part  as  may 
require  secrecy;  and  the  yeas  and  nays  of  the  mem- 
bers on  any  question  shall,  at  the  desire  of  any  two 
of  them,  be  entered  on  the  journals.  Pa.,  462. 
— Each  House  shall  keep  a  journal  of  its  proceedings. 
The  yeas  and  nays  of  the  members  of  either  House 
shall,  at  the  desire  of  one-fifth  of  those  present,  be 
entered  on  the  journal.  li.  I,  476. 
— Any  member  of  either  House  of  the  General 
Assembly  shall  have  liberty  to  dissent  from,  and  pro- 
test against,  any  act  or  resolve  which  he  may  think 
injurious  to  the  puljlic  or  to  any  individual,  and  to 


T2 


have  the  reasons  for  his  dissent  entered  on  the  jour- 
nals.    Term.,  404. 

—The  votes  and  proceedings  of  the  General  Assem- 
bly shall  be  printed  (when  one-third  of  the  members 
think  it  necessary)  as  soon  as  convenient  after  the 
end  of  each  session,  with  the  yeas  and  nays  on  any 
question,  when  required  by  any  member  (except 
where  the  vote  shall  be  taken  by  ballot),  in  which 
case  every  member  shall  have  a  right  to  insert  the 
reason  of  his  vote  upon  the  minutes.  Vt,  o'H. 
— Each  House  of  the  General  Assembly  shall  keep  a 
journal  of  its  proceedings*,  which  shall  be  published 
from  time  to  time,  and  the  yeas  and  nays  of  the 
members  of  either  Hou.se,  on  any  question,  shall,  at 
the  desire  of  one-fifth  of  those  present,  be  entered  on 
the  journal.  No  bill  shall  become  a  law  until  it  has 
been  read  on  three  dilTerent  days  of  the  session  in 
the  House  in  which  it  originated,  unless  two-thirds 
of  the  members  elected  to  that  House  shall  otherwise 
determine.     Va.,  537. 

—On  the  passage  of  every  act  which  imposes,  con- 
tinues or  revives  a  tax,  or  creates  a  debt  or  charge, 
or  makes,  continues  or  revives  any  appropriation  of 
public  or  trust  money  or  property,  or  releases,  dis- 
charges or  comnmtes  any  claim  or  demand  of  the 
State,  the  vote  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  an^i  against 
the  same  .shall  be  entered  on  the  journals  of  the 
respective  Houses,  and  a  majority  of  all  the  members 
elected  to  each  House  shall  be  necessary  to  give  it 
the  force  of  a  law.      Va.,  538. 

— On  the  passage  of  every  bill,  the  votes  shall  be 
taken  by  yeas  and  nays,  and  be  entered  on  the 
journal ;  and  no  bill  shall  be  passed  by  either  branch 
without  the  affirmative  vote  of  a  majority  of  the 
members  elected  thereto.  W.  Va.,  551. 
— Each  branch  shall  keep  a  journal  of  its  proceeding, 
and  cause  the  same  to  be  published  from  time  to  time ; 
and  the  yeas  and  nays  on  any  question,  if  called  for 
by  one-fifth  of  those  present,  shall  be  entered  on  the 
journal.      W.  Va.,  551. 

— The  yeas  and  nays  of  the  members  of  either  House, 
on  any  question,  shall,  at  the  request  of  one-sixth  of 
those  present,  be  entered  on  the  journal.  Wis.,  563. 
— Each  House  shall  keep  a  journal  of  its  proceedings, 
and  publish  the  same,  except  such  parts  as  require 
secrecy.  The  doors  of  each  House  shall  be  kept  open 
except  when  the  public  welfare  shall  require  secrecy. 
Neither  House  shall,  without  con.sent  of  the  other, 
adjourn  for  more  than  tliree  days.      IlVs.,  562. 


SESSIONS  TO  BE  OPEN  UNLESS  THE  PUBLIC 
WELFARE  REQUIRES  SECRECY. 

— That  the  doors,  both  of  the  Senate  and  Assembly, 
shall  at  all  times  be  kept  open  to  all  persons,  except 
when  the  welfare  of  the  State  shall  require  their 
debates  to  be  kept  secret.  N.  Y.  (1777),  28. 
— The  doors  of  each  House  shall  be  kept  open,  except 
on  such  occasions  as  in  the  opinion  of  the  House  may 
rebuire  secrecy.  Ah.,  70;  Cal,  08;  Ct.,  109;  Del., 
118;  Ft.,  133;  I»d.,  173;  Ioiva,l8a;  Md.,  262;  Mich, 
302 ;  Min.,  322 ;  J/o.,  353 ;  Nev.,  382  ;  (except  the  Sen- 
ate in  Executive  Session,)  A^ei'.,  382. 
— The  doors  of  each  House  shall  be  open,  except  on 
such  occasions  of  great  emergency  as  in  the  opinion 
of  the  House  may  require  secrecy.  Miss.,  337. 
— The  doors  of  the  galleries  of  each  House  of  the 
Legislature  shall  be  kept  open  to  all  persons  who 
behave  decently,  except  when  the  welfare  of  the 
State,  in  the  opinion  of  either  branch,  shall  require 
secrecy.     N.  II.,  402. 

— The  proceedings  of  both  Houses  shall  be  public, 
except  in  cases  which,  in  the  opinion  of  two-thirds 
of  those  present,  require  secrecy.  Ohio,  434. 
— The  doors  of  each  House  and  of  committees  of  the 
whole  shall  be  kept  open,  except  in  such  cases  as,  in 
the  opinion  of  either  House,  may  require  secrecy. 
Ark.,  86;  Itt.,  153;  Or.,  451  ;  Pa.,  420;  Tenn.,  493. 
— The  doors  of  each  House  shall  be  kept  open.  Tex., 
508. 


— The  doors  of  the  house  in  which  the  General 
Assembly  of  this  Commonwealth  shall  sit,  shall  be 
open  for  the  admission  of  all  persons  who  behave 
decently,  except  only  when  the  welfare  of  the  State 
may  require  them  to  be  shut.      Vt.,  524. 


ADJOURNMENTS  BY  THE  LEGISLATURE. 

— Neither  House  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  they  may  be  sitting. 
Ala.,  76;  Cal,  98;  Del.,  US;  M,  133;  Oa.,  145; 
Iowa,  185;  hid.,  173;  Mieh.,  302;  Ky.,  211;  La., 
228  ;  Miss.,  337  ;  Net).,  382  ;  N.  Y.,  414  ;  Or.,  450  ; 
Pa.,  462;  S.  C,  484;  Tenn.,  493;  Tex.,  508;  Vt., 
528;    Va.,  536. 

[Adjournments  limited  to  two  days.]  Me.,  244; 
Ma.is.,  280;  Kan.,  199;  Mo.,  354  ;  R.  I.,  475;  N.  B., 
404;    W.  Va.,  551. 

— Neither  House  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days  at  any  one 
time,  nor  to  any  other  place  than  that  in  which  the 
House  shall  be  sitting,  without  the  concurrent  vote 
of  two-thirds  of  the  members  present.  Md.,  262. 
— The  Legislature,  on  the  day  of  final  adjournment, 
shall  adjourn  at  twelve  o'clock  at  noon.  Mich.,  303. 
— Neither  House  shall,  during  a  session  of  the  Legis- 
lature, adjourn  for  more  than  three  days  (Sundays 
exccjited),  nor  to  any  other  place  than  that  in  which 
the  two  Houses  shall  be  assembled,  without  the  con- 
sent of  the  other  House.  Minn.,  321. 
— That  neither  the  Assembly  nor  the  Senate  shall 
have  the  power  to  adjourn  themselves,  lor  any  longer 
time  than  two  days,  without  the  mutual  consent  of 
both.     K  Y.  (1777),  28. 

— Neither  House  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  two  days,  Sundays 
excluded ;  nor  to  any  other  place  than  that,  in  which 
the  two  Houses  shall  be  in  session.  Ohio,  437; 
III.,  153. 


ADJOURNMENTS  BY  THE  GOVERNOR  — 
POWER  OF  EXECUTIVE  TO  PROROGUE 
THE  LEGISLATURE. 

— In  case  of  a  disagreement  between  the  two  Houses 
with  respect  to  the  time  of  adjournment,  the  Gov- 
ernor shall  have  power  to  adjourn  the  Legislature  to 
such  time  as  he  may  think  proper;  provided  it  be  not 
beyond  the  next  time  fi.xed  for  the  meeting  of  the 
next  Legislature.  Ala.,  79;  Ark,  89;  Cat.,  100; 
Ct.,  110;  Ft.,  131;  /«.,  158;  Iowa,  188;  Miss.,  341; 
Tex.,  513. 

— And  in  case  of  disagreement  between  the  two 
Houses,  with  respect  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he  shall  think 
proper,  not  exceeding  four  months.  A'^.,  213;  La., 
235;  Pa.,  463. 

— In  ca.se  of  disagreement  between  the  two  Houses, 
on  a  question  of  adjournment,  the  Governor  may 
adjourn  them.      Oa.,  145. 

— In  case  of  disagreement  between  the  two  Houses 
in  respect  to  the  lime  of  adjournment,  he  may  adjourn 
the  Legislature  to  such  time  as  he  may  think  proper, 
not  beyond  its  regular  meeting.  Kan.,  198. 
— The  Governor,  with  advice  of  Council,  shall  have 
full  power  and  authority,  during  the  session  of  the 
General  Court,  to  adjourn  or  prorogue  the  same  at 
any  time  the  two  Houses  shall  desire ;  [and  to  dis- 
solve the  same  on  the  day  next  preceding  the  last 
Wednesday  in  May;  and,  in  the  recess  of  the  said 
court,  to  prorogue  the  same  from  time  to  time,  not 
exceeding  ninety  days  in  any  one  recess;]  and  to 
call  it  together  sooner  than  the  time  to  which  it  may 
be  adjourned  or  prorogued,  if  the  welfare  of  the 
Commonwealth  shall  require  the  same ;  and  in  case 
of  any  infectious  disteiniier  prevailing  in  the  place 
where  the  said  court  is  next  at  any  time  to  convene, 
or  any  other  cause  happening  whereby  danger  may 
arise  to  the  health  or  lives  of  the  members  from  their 


73 


attendance,  he  may  direct  the  session  to  be  held  at 
some  other  the  most  convenient  place  within  the 
State. 

[And  the  Governor  shall  dissolve  the  said  General 
Court  on  the  day  next  preceding  the  last  Wednesday 
in  May.]    Mtu^s.,  287. 

— In  cases  of  disagreement  between  the  two  Houses, 
with  regai-d  to  tlie  necessity,  expediency  or  time  of 
adjournment  or  prorogation,  the  Governor,  with 
advice  of  tlie  Council,  shall  have  a  right  to  adjourn 
or  prorogue  the  General  Court,  not  exceeding  ninety 
days;  as  he  shall  determine  the  public  good  shall 
require.     Mass.,  287. 

— In  case  of  disagreement  between  the  two  Houses 
in  respect  to  the  time  of  adjournment,  he  shall  have 
power  to  adjourn  the  Legislature  to  sucli  time  as  he 
may  think  proper,  but  not  beyond  the  regular  meet- 
ings thereof.     Neb.,  374. 

— In  case  of  a  disagreement  between  the  two  Houses 
with  respect  to  the  time  of  adjournment,  the  Gov- 
ernor shall  have  the  power  to  adjourn  the  Legislature 
to  such  time  as  he  may  think  proper;  Provided,  It 
be  not  beyond  the  time  fixed  for  the  meeting  of  the 
next  Legislature.     Nev  ,  385. 

— In  cases  of  disagreement  between  the  two  Houses 
with  regard  to  the  time  or  place  of  adjournment  or 
prorogation,  the  Governor,  with  advice  of  Council, 
shall  have  a  right  to  adjourn  or  prorogue  the  General 
Court,  not  exceeding  ninety  days  at  any  one  time,  as 
he  may  determine  the  public  good  may  require,  and 
he  shall  dissolve  the  same  seven  days  before  the  said 
first  Wednesday  of  June.  And  in  case  of  any  infec- 
tious distemper  prevailing  in  the  place  where  the  said 
court  at  any  time  is  to  convene,  or  any  other  cause 
whereby  dangers  may  arise  to  the  health  or  lives  of 
the  members,  from  their  attendance,  the  Governor 
may  direct  the  session  to  be  holden  at  some  other, 
the  most  convenient  place  within  the  State.  JV!  II., 
405. 

— The  Governor,  with  the  advice  of  the  Council, 
shall  have  full  power  and  authority,  in  recess  of  the 
General  Court,  to  prorogue  the  same  from  lime  to 
time,  not  exceeding  ninety  days  in  any  one  recess  of 
said  court;  and,  during  tlie  sessions  of  said  court,  to 
adjourn  or  prorogue  it  to  any  time  tlie  two  Houses 
may  desire,  and  call  it  together  sooner  than  the  time 
to  which  it  may  be  adjourned  or  prorogued,  if  the 
welfare  of  the  State  should  require  the  same.  N.  II., 
406. 

— In  case  of  disagreement  between  the  two  Houses 
in  respect  to  the  time  of  adjournment,  he  shall  have 
power  to  adjourn  the  General  Assembly  to  such  time 
as  he  may  think  proper,  but  not  beyond  the  regular 
meetings  thereof     (J/iio,  43ti. 

— In  case  of  disagreement  between  the  two  Houses 
of  the  General  Assembly  respecting  the  time  or  place 
of  adjournment,  certified  to  him  by  either,  he  may 
adjourn  them  to  such  time  and  place  as  he  shall  think 
proper;  Provided,  That  the  time  of  adjournment  shall 
not  extend  beyond  the  day  of  the  next  stated  ses- 
sion.    M.  I.,  477. 

— And  in  case  of  disagreement  between  the  two 
Houses,  with  respect  to  adjournment,  the  Governor 
may  adjourn  tliem  to  such  time  as  he  shall  think 
proper.      Vt.,  5'28. 

[The  Governor  had  power  under  the  N.  Y.  Con- 
stitution of  1777,  to  prorogue  the  Legislature  for  any 
period  not  to  exceed  sixty  days  in  a  year.]  224. 
— He  may,  on  extraordinary  i^ccasions,  convene  the 
Legislature;  and,  in  case  of  disagreement  between 
the  two  Houses  with  respect  to  the  time  of  adjourn- 
ment, adjourn  them  to  such  time  as  he  sliall  think 
proper,  not  beyond  the  day  of  tlie  next  annual  meet- 
ing; and  if,  since  their  last  adjournment,  the  place 
where  the  Legislature  were  next  to  convene  shall 
have  become  dangerous  from  an  enemy,  or  contagious 
sickness,  may  direct  the  session  to  be  held  at  some 
other  convenient  place  within  the  State.  Me.,  24-5. 
— He  may,  on  extraordinary  occasions,  convene  the 
General  Assembly,  and  should  either  House  remain 
without  a  quorum  lor  three  days,  or  iu  case  of  disa-. 
greement  between  the  two  Houses  with  respect  to 
19 


the  time  of  adjournment,  may  adjourn  them  to  such 
time  as  he  shall  think  proper,  not  beyond  the  fourth 
Monday  of  November  then  next  ensuing.    <S'.  C,  485. 


POWER    OF  EXECUTIVE   TO    CONVEiME 
LEGISLATURE. 

— He  may,  by  proclamation,  on  extraordinary  occa- 
sions, convene  the  General  Assembly  at  the  seat  of 
government,  or  at  a  different  place,  if,  since  their  last 
adjournment,  that  shall  have  become  dangerous,  from 
an  enemv,  or  from  contagious  disorders.  A!a..  79  ; 
Fl.,  131;  Ky.,  213;  ia,  235 ;  Miss.,  341  ;  Tex.,  513. 
— He  may,  on  extraordinary  occasions*,  convene  the 
Legislature  by  proclamation,  and  shall  slate  to  both 
Houses,  when  assembled,  the  purpose  for  which  they 
shall  have  been  convened.  C(d.,  100. 
— He  may.  on  extraordinary  occasions!,  convene  the 
General  Assembly,  and  in  case  of  disagreement 
between  the  two  Houses  witli  respect  to  tlie  time  of 
adjournment,  adjourn  them  to  such  time  as  he  .'hall 
think  proper,  not  exceeding  three  months.  Dei,  120. 
— Shall  have  power  to  convene  the  General  Assembly 
on  extraordinary  occasions ;  and  shall  give  them, 
from  time  to  time,  information  of  the  state  of  the 
republic,  and  recommend  to  their  consideration  such 
measures  as  he  may  deem  necessary  and  expedient. 
Oa.,  147. 

— He  may,  on  extraordinary  oecas,ions,  convene  the 
General  Assembly,  by  proclamation,  and  shall  state 
to  both  Houses,  when  assembled,  the  purpose  for 
which  they  shall  have  been  convened.  Iowa,  188: 
III,  158. 

— And  the  General  Assembly  shall  enter  on  no  legis- 
lative busines.s,  except  that  for  which  they  were 
specially  called  together.  ///.,  158. 
— He  may,  on  extraordinary  occasions,  convene  the 
Legislature.  N.  Y.  (1777),  24;  S.  C,  481;  Pa., 
403;  J/e.,  245;  Mich.,ZQi;  Miss.,  341. 
— The  Governor  may  convene  the  General  Assembly, 
or  the  Senate  alone,  on  extraordinary  occasions;  and 
whenever,  from  the  presence  of  an  enemy,  or  from 
any  other  cause,  the  seat  of  government  shall  become 
an  unsafe  place  for  the  meeting  of  the  General  Assem- 
bly, he  may  direct  their  sessions  to  be  held  at  some 
other  convenient  place.  Md.,  260. 
- — He  may  convene  the  Legislature  at  some  other 
place  when  the  seat  of  government  becomes  danger- 
ous from  disease  or  a  common  enemy.  Mich.,  305. 
— On  extraordinary  occasions  he  may  convene  the 
General  As.sembly  by  proclamation;  wherein  he 
shall  state  specifically  each  matter  concerning  which 
the  action  of  that  body  is  deemed  necessary  ;  and 
the  General  Assembly  shall  have  no  power  when  so 
convened,  to  act  upon  any  matter  not  so  stated  in 
the  proclamation.     Mo.,  355. 

—He  may,  on  extraordinary  occasions,  convene  the 
Legislature  by  proclamation,  and  shall  state  to  both 
Houses,  when  assembled,  the  purpose  for  which  they 
have  been  convened.  Keb.,  374 ;  Ohio,  436 ;  Or., 
452 ;   Term.,  495. 

— The  Governor  may,  on  extraordinary  occasions 
convene  the  Legislature  by  proclamation,  and  shall 
state  to  both  Houses,  when  organized,  the  purpose 
for  which  tliey  liave  been  convened,  and  the  Legisla- 
ture sliall  transact  no  legislative  business  except  that 
for  which  tliey  were  specially  convened,  or  such  other 
legislative  business  as  the  Governor  may  call  to  the 
attention  of  the  Legislature  while  in  session.  Nev., 
385. 

— He  shall  have  power  to  convene  the  Legislature 
(or  the  Senate  only),  on  extraordinary  occasions. 
He  shall  communicate  by  message  to  the  Legislature, 
at  every  session,  the  condition  of  the  State,  and 
recommend  such  matters  to  them  as  he  shall  judge 
expedient     N.  Y.  (1821),  38. 

— Shall  have  power  to  convene  the  Legislature  when- 
ever, in  his  opinion,  public  necessity  requires  it ;  he 
shall  communicate  by  message  to  the  Legislature  at 
the  opening  of  each  session,  and  at  such  other  times 
as  he  may  deem  necessary,  the  condition  of  the  State, 


74 


1  §  12.  For  any  speech  or  debate  in  either  House  of  the  Legislature,  the 

2  members  shall  not  be  questioned  in  any  other  place. 


and  rpcommend  such  measures  as  he  may  deem  expe- 
dient ;  and  grant,  under  the  great  seal  of  the  State, 
coraniissions  to  all  such  olhoers  as  shall  be  required  to 
be  commissioned.     Al   J!,  416. 

— He  may,  on  extraordinary  occasions,  convene  the 
General  Assembly  at  any  town  or  city  in  this  State, 
at  any  time  not  provided  for  by  law  ;  and  in  ease  of 
danger  from  the  prevalence  of  epidemic  or  contagious 
disease,  in  the  place  in  which  the  General  Assembly 
are,  by  law,  to  meet,  or  to  which  lliey  may  have 
been  adjourned,  or  for  other  urgent  reasons,  ho  may, 
by  proclamation,  convene  said  Assembly  at  any  other 
place  within  this  State.  R.  I.,  477. 
— And  convene  the  General  Assembly  on  application 
of  a  majority  of  the  members  of  botli  Houses  thereof, 
or  when,  in  his  opinion,  tlie  interest  of  the  Common- 
wealth may  require  it.  Va..  539. 
— He  shall  have  power  to  convene  the  Legislature  on 
extraordinary  occasions;  and  in  ca-^e  of  invasion,  or 
danger  from  the  prevalence  of  contagious  diseases  at 
the  seat  of  government,  he  may  convene  them  at  any 
other  suitable  place  within  the  State.  Wis.,  564. 
— The  Governor  may  convene  the  Legislature  by 
proclamation,  whenever  in  his  opinion,  the  public 
safety  or  welfare  shall  require  it  It  shall  be  his  duty 
to  convene  them  on  application  of  a  majority  of  the 
members  elected  to  each  branch.  W.  Va.,  551. 
— Should  the  seat  of  government  become  dangerous 
from  disease  or  a  common  enemy,  he  may  convene 
the  General  Assembly  at  any  other  place.  Intl.,  175. 
— That  Annapolis  be  the  place  for  the  meeting  of 
the  Legi.-ilature,  and  tha  Legislature  ought  not  to  be 
convened  or  held  at  any  other  place  but  for  evident 
necessity.     Md.,  254. 


PRIVILEGE  FROM  ARREST  OR  SERVICE  OF 
Cn^L  PROCESS  — FREEDOM  OP  DEBATE. 


— Senators  and  Representatives  shall,  in  all  cases 
except  treason,  felony  or  breach  of  the  peace,  be 
privileged  from  arrest,  during  the  session  of  the  Gen- 
eral Assembly,  and  in  going  to  and  returning  from 
the  same,  allowing  one  day  for  every  twenty  miles 
such  member  may  reside  from  the  place  at  which  the 
General  Assembly  is  convened ;  nor  shall  any  mem- 
ber be  liable  to  answer  for  anything  spoken  in  debate 
in  either  House,  in  any  court  or  place  elsewhere. 
Ala.,  70;  Fi,  132;   Oi:,  450. 

— The  Senators  and  Representative  shall,  in  all 
cases  except  treason,  fek>ny  or  breach  of  the  peace, 
be  privileged  from  arrest  during  the  session  of  the 
General  Assembly,  and  for  filteen  days  before 
the  commencement  and  after  the  termination  of  each 
session ;  and  lor  any  speech  or  debate  in  either 
House,  they  shall  not  be  questioned  in  any  other 
place.     Ark.,  86. 

— Members  of  the  Legislature  shall,  in  all  cases 
except  treason,  felony  and  breach  of  the  peace,  be 
privileged  from  arrest,  and  they  shall  not  be  subject 
to  any  civil  process  during  the  session  of  the  Legis- 
lature, nor  for  fifteen  days  next  before  the  Commence- 
ment and  after  the  termination  of  each  session.  Cat, 
98 ;    Wi«.,  563. 

— The  Senators  and  Representatives  shall,  in  all  cases 
of  civil  process,  be  privileged  from  arrest  during  tiie 
session  of  the  General  As.sembly,  and  for  four  days 
before  the  commencement  and  after  the  termination 
of  any  session  thereof.  And  for  any  speech  or  debate 
in  either  House  they  shall  not  be  questioned  in  any 
other  place.      Ct.,  lO'J. 

— The  members  of  both  Houses  shall  be  free  from 
arrest  during  their  attendance  on  the  General  Assem- 
bly, and  in  going  to  and  returning  therefrom;  except 
for  treason,  felony,  or  breach  of  the  peace.     And  no 


member  shall  be  liable  to  answer  in  any  other  place 
for  anything  spoken  in  debate  in  either  House.  Oa., 
145. 

— Senators  and  Representatives  in  all  cases  except 
treason,  felony  or  breach  of  the  peace,  sliall  be  privi- 
leged from  arrest  during  the  session  of  tlie  General 
Assembly,  and  in  going  to  and  returning  from  the 
same.     Iowa,  185. 

— For  any  speech  or  debate  in  either  House  the  mem- 
bers shall  not  be  questioned  elsewliere.  No  member 
of  the  Legislature  sliall  be  .subject  to  arrest,  except 
for  felony  and  breacli  of  the  peace,  in  going  to  and 
returning  from  the  place  of  meeting,  or  during  the 
continuance  of  the  session;  neither  sliall  he  be  sub- 
ject to  the  service  of  any  civil  process  during  the 
session,  nor  for  fifteen  days  previous  to  its  commence- 
ment.    Kan.,  200. 

— The  members  of  the  General  Assembly  shall,  in  all 
cases  except  treason,  felony,  breach  or  surety  of  the 
peace,  be  privileged  from  arrest  during  their  attend- 
ance at  the  sessions  of  their  respective  Houses,  and 
in  going  to  and  returning  from  the  same ;  and  for 
any  speech  or  debate  in  either  House,  they  shall  not 
be  questioned  in  any  other  place.  Del,  118;  III., 
153;  A'//.,  211  ;  La.,  228;  Me.,  244;  Min.,  321  ;  Mo., 
353;  A'./,  414;  Ohio,  ^U;  Pa.,  462 ;  Tenn..  493. 
— That  freedom  of  speech  and  debate,  or  proceedings 
in  the  Legislature,  ought  not  to  be  impeached  in  any 
court  of  judicature.     Md.,  254. 

— No  Senator  or  Delegate  shall  be  liable,  in  any  civil 
action  or  criminal  prosecution  whatever,  for  words 
spoken  in  debate.     Md.,  262. 

■ — No  member  of  the  House  of  Representatives  shall 
be  arrested,  or  held  to  bail  on  mesne  process,  during 
his  going  unto,  returning  from,  or  his  attending  the 
General  Assembly.     Mass.,  286. 

— Senators  and  Representatives  .shall,  in  all  cases, 
except  treason,  felony,  or  breach  of  the  peace,  be 
priviledged  from  arrest.  They  shall  not  be  subject 
to  any  civil  process  during  the  session  of  the  Legis- 
lature, or  for  fifteen  days  next  before  the  commence- 
ment and  after  the  termination  of  each  ses.sion. 
They  shall  not  be  questioned  in  any  other  place  for 
any  speecli  in  either  House.  ..1/ic/i.,  301 ;  Ind.,  172. 
— Senators  and  Representatives  shall  in  all  cases, 
except  treason,  felony,  or  breach  of  the  peace,  be 
priviledged  from  arrest  during  the  session  of  tlij 
Legislatiu'e,  and  in  going  to  and  returning  from  the 
same,  allowing  one  day  for  every  twenty  miles  such 
member  may  reside  from  the  jilace  at  which  the  Leg- 
islature is  convened.  Miss.,  337. 
— Members  of  the  Legislature  shall  in  all  cases,  except 
trt-ason,  felony,  or  breach  of  the  peace,  be  privileged 
from  arrest,  nor  shall  they  be  subject  to  any  civil 
proces.^,  during  the  session  of  the  Legislature,  nor 
for  fifteen  days  next  before  the  commencement,  and 
after  the  termination  of  each  session.  Neb.,  372. 
— No  member  of  the  Legislature  shall  be  liable  in 
any  civil  action  or  criminal  prosecuiion  whatever,  for 
words  siioken  in  debate.  A'ei.,  372;  IKs.,  563. 
— Members  of  the  Legislature  shall  be  privileged 
from  arrest  on  civil  process  during  the  session  of  the 
Legislature,  and  for  filteen  days  next  before  the  com- 
mencement of  each  session.  Nev.,  382. 
— The  freedom  of  deliberation,  speech  and  debate,  in 
either  House  of  the  Legislature,  is  so  essential  to  the 
rights  of  the  people,  that  it  cannot  be  the  foundation 
of  any  accusation  or  prosecuiion,  action  or  com- 
plaint, in  any  other  court  or  place  whatsoever. 
Mass.,  282;  A^  //.,  400;  Vt.,  522. 
— No  member  of  the  House  of  Representatives  or 
Senate  shall  be  arrested  or  iield  to  bail  on  mesne 
process,  during  his  going  to,  returning  from,  or 
attendance  upon  the  Court.  N.  II.,  403. 
— The  person  of  every  member  of  the  General 
As.semlily  shall  be  e.\empt  from  arrest,  and  his  estate 
from  attachment,  in  any  civil  action,  during  the  session 


T6 


1  §  13.  Any  bill  may  originate  in  either  House  of  the  Legislature,  and  all 

2  bills  passed  by  one  House  may  be  amended  by  the  other. 

1  g  14.  The  enacting  clause  of  all  bills  shall  be  "  The  People  of  the  State  of 

2  New  York,  represented  in  Senate  and  Assembly,  do  enact  as  follows,"  and  no 


3  law  shall  be  enacted  except  by  bill. 

of  the  General  Assembly,  and  two  days  before  the 
commencement,  and  two  days  after  the  termination 
thereof,  ami  all  process  served  contrary  liereto,  shall 
be  void.  For  any  speech  in  either  House,  no  member 
shall  be  questioned  in  any  other  place.  R.  I.,  476. 
— The  members  of  both  Houses  shall  be  protected  in 
their  persons  and  estates  during  their  attendance  on, 
going  to,  and  returning  from  tlie  General  Assembly, 
and  ten  days  previous  to  the  sitting,  and  ten  days 
after  the  adjournment  thereof  But  these  privileges 
shall  not  be  extended  so  as  to  protect  any  member  who 
shall  be  charged  with  treason,  felony  or  breach  of  the 
peace.     S.  C,  484. 

— The  Senators  and  Representatives  shall,  in  all  cases, 
except  in  treason,  felony  or  breach  of  the  peace,  be 
privileged  from  arrest  during  tlie  session  of  the  Legis- 
lature, and  in  going  to  and  returning  from  the  same, 
allowing  one  day  for  every  twenty  miles  such  member 
may  reside  from  the  place  at  which  the  Legislature 
is  convened.     Tex.,  5C8. 

— For  words  spoken  in  debate,  or  any  report,  motion, 
or  proposition  made,  in  either  branch,  a  member  shall 
not  be  questioned  in  any  other  place.  W.  Va.,  551. 
— Members  of  the  Legislature  shall,  in  all  ca.ses  e.xcept 
trea.son,  felony,  and  breach  of  the  peace,  be  privileged 
from  arrest  during  the  session,  and  for  ten  days 
before  and  after  the  same.      W.  Va.,  551. 


ORIGIN  OF  BILLS. 

— Any  bill  may  originate  in  either  House  of  the 
Legislature;  and  all  bills  passed  by  one  House  may 
be  amended  by  the  other.  A^  Y.  (1821),  36;  Kan., 
199;  (nearly  similar),  Ala.,  76;  Ark.,  86;  Cal,  98; 
Fl,  133;  ill,  153;  L>wa,  185;  Mich.,  302;  J/m., 
337;  Mn.,  354;  A^e6.,373 ;  Nev.,  382;  Ohio,  434; 
renn.,4!)9;  Tex.,  .508;  Fa.,  537;  IK  Fa.,  551;  Tri?.,563. 
— All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  pro- 
pose or  concur  with  amendments  as  on  other  bills. 
U.  S.,  11. 

— All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives,  but  may  be  amended  or 
rejected  by  the  Senate  as  other  bills.  A'a.,  76; 
(nearly  simdar),  Man!<.,  286;  Min.,  321;  MUt.,  338; 
iV:.H:,  403;  A^/,  414;  Pa.,  462;  S.  C.,484;  Ff ,  .523. 
— All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives,  but  the  Senate  may  pro- 
pose alterations,  as  on  other  bills,  and  no  bill  from  the 
operations  of  which  when  passed  into  a  law  revenue 
may  mcidentally  arise,  shall  be  accounted  a  bill  for 
raising  revenue  ;  nor  shall  any  matter  or  clause  what- 
ever, not  immediately  relating  to  and  necessary  for 
raising  revenue,  be  in  any  manner  blended  with  or 
annexed  to  a  bid  for  raising  revenue  Del.,  118. 
— Bills  may  originate  in  either  House,  but  may  be 
amended  or  rejected  in  the  other,  except  that  bills  for 
raising  revenue  shall  originate  in  the  House  of  Repre- 
sentatives, lad.,  173;  Or.,  451. 
— All  bills  for  rai.sing  revenue  shall  originate  in  the 
House  of  Representatives,  but  the  Senate  may  pro- 
pose amendments,  as  in  other  bills;  Proviled,  That 
they  shall  not  introduce  any  new  matter,  under  color 
of  amendment,  which  does  not  relate  to  raising 
revenue.     iTy.,  212;   i^a.,  229. 

— Bills,  orders  or  resolutions  may  originate  in  either 
House,  and  may  be  altered,  amended  or  rejected  in 
the  other ;    but   all   bills   for  raising   revenue   shall 


originate  in  the  House  of  Representatives,  but  the 
Senate  may  propo.se  amendments,  as  in  other  cases; 
Provided,  That  they  shall  not,  under  color  of  amend- 
ment, introduce  any  new  matter,  which  does  not 
relate  to  raising  a  revenue.  Me.,  244. 
— Any  bill  may  originate  in  either  House  of  the 
General  As,-iembly,  and  be  altered,  amended  or  re- 
jected by  the  other;  but  no  bill  shall  originate  in 
either  House  during  the  last  ten  days  of  the  session, 
nor  become  a  law  until  it  be  read  on  three  different 
days  of  the  session  in  each  House,  unless  three-fourths 
of  the  members  of  the  House  where  such  bill  is  pend- 
ing shall  so  determine.  Md.,  202. 
— No  new  bill  shall  be  introduced  into  either  House 
of  the  Legislature  after  the  first  fifty  days  of  the 
ses.sion  shall  have  expired.  Mich.,  303. 
— After  a  bill  has  been  rejected,  no  bill  containing 
the  same  substance  shall  be  passed  into  a  law  during 
the  same  session.     Tenn.,  493. 

— After  a  bill  or  resolution  has  been  rejected,  by  either 
branch  of  the  Legislature,  no  bill  or  resolution  con- 
taining the  same  substance  shall  be  passed  into  a  law 
during  the  same  session.     Tex.,  508. 


STYLE  OF  LAWS. 

—  That  the  style  of  all  laws  shall  be  as  follows,  to 

wit :  "  Bi  il  enacted  by  the  People  of  the  State  of , 

reprciented  in  Senate  and  Assembly."     N.    Y.  (1777), 

31  ;  (nearly  similar),  Nev.,  383. 

— The  style  of  the  laws  of  this  State  shall  be  :  "Be  it 

enacted  by  the  General  Assembly  of  the  State  of ." 

Ark.,8-;  Ind.,lT2;  /own,  ISo;  JM,  262;  Tenn..  U3. 
— The  style  of  their  laws  shall  be:  "  Be  it  enacted  by 
the  Senate  and  House  oj  Representatives,  in  General 
Assembly  convened."     Ct.,  108. 

— The  style  of  the  laws  shall  be :  "  Be  it  enacted  by 
the  Senate  and  House  of  Representatives  of  the  State  of 

,  in   General   Assembly  convened."      Ala.,    75; 

Fl,  132. 

—The  style  of  the  laws  of  this  State  shall  be :  "Be  it 

enacted  by  the  People  of  the  State  of ,  represented 

in  the  General  Assembly."     HI.,  153. 

— The  enacting  clause  of  all  laws  shall  be,    "  Be  it 

enacted  by  the  Leyiilature  of  the  Stale  of ."     Kan., 

200;  Min.,  322;  Miss.,  330;  Neb.,  371;  W.  Va.,  549; 
Tex.,  507. 

— The  enacting  style,  in  making  and  passing  all  acts, 
statutes  and  laws,  shall  be  :  "Be  it  enacted  by  the  Sen- 
ate a"d  House  of  R-^presentatioes,  in  General  Court 
assembled,  and  by  authority  of  the  same."  Mass.,  293. 
— The  style  of  their  acts  and  laws  shall  be:  "Be  il 
enacted  by  the  Senate  and  House  of  Representatives,  in 
Legislature  ass,sembled."  Me.,  241. 
— The  style  of  the  laws  of  this  State  shall  be  :  "Be  it 

enacted  by  the  General  Assembly  of  the  Slate  of , 

as  follows :"     Mo.,  354;    Ohio,  434. 

-The  enacting  style  in  making  and  passing  acta, 
statutes  and  laws  sh  dl  be  :  "Be  it  enacted  by  the  Sen- 
ate awl  House  of  Representatives,  in  General  Court 
convened."     N.  H,  410. 

— The  laws  of  this  State  shall  begin  in  the  following 
style:  "Be  it  enacted  by  the  Senate  and  General  Assem- 
bly of  the  State  of ."     N.  J.,  ilo. 

— The  style  of  every  bill  shall  be:  "  Bs  it  enacted  by 

the  Lejislatioe  Assembly  of  the  Slate  of ."     Or., 

449. 


76 


1  g  15.  No  bill  shall  be  passed  unless  by  the  assent  of  a  majority  of  all  the 

2  members  elected  to  each  branch  of  the  Legislature,  and  the  question  upon  the 

3  final  passage  shall  be  taken  immediately  upon  its  last  reading,  and  the  yeas 


4  and  nays  entered  on  the  journal. 

■  —The  style  of  their  laws  shall  be :  "  It  is  enacted  by 
the  Oeneral  Assembh/  as  follows."     R.  I.,  475. 
— The  style  of  the  laws  of  this  State,  in  future  to  be 
passed,  shall  be :  "His  hereby  enacted  by  the  Oentral 

Assembly  of  the  State  of ."      R,  524. 

—The  style  of  the  laws  of  this  State  shall  be:  "The 

People  of  the  State  of ,  represented  in  Senate  and 

Assembly,  do  enact  as  follows."      Wis.,  5G3;  Cat.,  97. 
— And  no  law  shall  be  enacted  except  by  bill.     Lid., 
172;  Aan.,  200;   Or.,  449. 


PASSAGE  OF  BILLS. 

— No  bill  shall  have  the  force  of  law,  until  on  three 
several  days  it  be  read  in  each  House,  and  free  dis- 
cussion be  allowed  thereon,  unless  in  cases  of  urgency, 
four-fifths  of  the  House  in  which  the  same  shall  be 
depending,  may  deem  it  expedient  to  dispense  with 
the  rule  ;  and  every  bill  having  pa.ssed  both  Houses, 
shall  be  signed  by  Uie  Speaker  and  President  of  their 
respective  Houses.  Ala.,  76;  Fl..  133. 
— Every  bill  for  an  act  shall  be  read  three  times  before 
each  House,  twice  at  length,  and  in  no  Ciise  shall  a 
bill  be  read  more  than  twice  on  one  day ;  and  the 
vote  upon  the  passage  of  any  law  shall,  in  all  cases, 
be  taken  by  yeas  and  nays,  and  by  recording  the 
same;  and  every  bill  having  passed  both  Houses, 
shall  be  signed  by  tlie  President  of  the  Senate  and 
the  Speaker  of  the  House  of  Representatives.  Ark., 
86. 

— Every  bill,  before  it  shall  pass,  shall  be  read  three 
times,  and  on  three  separate  and  distinct  days  in  each 
House,  unless  in  cases  of  actual  invasion  or  insurrec- 
tion.    Oa.,  145. 

— Every  bill  shall  be  read  on  three  different  days  in 
each  House,  unless  in  case  of  urgency,  tliree-fourths 
of  the  House  where  such  bill  is  so  depending,  shall 
deem  it  expedient  to  dispense  with  this  rule;  and 
every  bill  having  passed  both  Houses,  shall  be  signed 
by  the  Speakers  of  their  respective  Houses.  III.,  153. 
— On  the  final  passage  of  all  bills,  the  vote  shall  be  by 
ayes  and  noes,  and  shall  be  entered  on  the  journal ; 
and  no  bill  shall  become  a  law  without  the  concur- 
rence of  a  majority  of  all  the  members  elect  in  each 
House.     III.,  153. 

—  Every  bill  shall  be  read  by  sections  on  three  several 
days  in  each  House,  unless,  in  case  of  emergency, 
two-thirds  of  the  House  where  such  bill  may  be 
depending  shall,  by  a  vote  of  yeas  and  nays,  deem  it 
expedient  to  dispense  with  this  rule ;  but  the  reading 
of  a  bill  by  sections,  on  its  final  passage,  shall  in  no 
case  be  dispensed  with ;  and  the  vote  on  the  piissage 
of  every  bill  or  joint  resolution  shall  be  taken  by 
yeas  and  nays.     Ind.,  173. 

— Every  act  and  joint  resolution  shall  be  plainly 
worded,  avoiding  as  far  as  practicable  the  use  of 
technical  terms.  Ind.,  173;  Or,  451. 
— No  bill  shall  be  passed  unless  by  the  assent  of  a 
majority  of  all  the  members  elected  to  each  branch 
of  the  General  Assembly,  and  the  question  upon  the 
final  passage  shall  be  taken  immediately  upon  its  last 
reading,  and  the  yeas  and  nays  entered  on  the 
journal.     Iowa,  186 ;  Mo.,  354. 

— Every  bill  shall  be  read  on  three  separate  days  in 
each  House,  unless  in  case  of  emergency.  Two- 
thirds  of  the  House  where  such  bill  is  pending  may, 
if  deemed  expedient,  suspend  the  rules;  but  the 
reading  of  the  bill  by  sections,  on  its  final  passage, 
shall  in  no  case  be  dispensed  with.  Kan.,  199; 
(nearly  similar),  Min.,  322. 


— No  bill  shall  have  the  force  of  a  law,  until,  on  tliree 
several  days,  it  be  read  over  in  each  House  of  the 
General  Assembly,  and  free  discussion  allowed 
thereon,  nnloss,  in  cases  of  urgency,  four-fifths  of  the 
House  whfcrc  the  bill  shall  be  depending,  may  deem 
it  expedient  to  dispense  with  this  rule.  Ky.,  212; 
La.,  229;  Miss.,  337. 

— No  bill  shall  become  a  law  unless  it  be  passed  in 
each  House  by  a  majority  of  the  whole  number  of 
members  elected,  and  on  its  final  passage  the  ayes 
and  noes  be  recorded.  Md.,  262. 
— Every  bill  and  joint  resolution  shall  be  read  three 
times  in  each  House,  before  the  final  passage  thereof. 
No  bill  or  joint  resolution  shall  become  a  law  with- 
out the  concurrence  of  a  majority  of  all  the  members 
elected  to  each  House.  On  the  final  passage  of  all 
bills,  the  vote  shall  be  by  ayes  and  nays,  and  entered 
on  the  journal.     Mich.,  303. 

— No  bill  shall  be  passed  by  either  House  of  tlic  Leg- 
islature upon  tlie  day  prescribed  for  the  adjournment 
of  the  two  Houses.  But  this  section  shall  not  be  so 
construed  as  to  preclude  the  enrollment  of  a  bill,  or 
the  signature  and  pa.ssage  from  one  House  to  the  other, 
or  the  reports  thereon  from  committees,  or  its  trans- 
mission to  the  executive  for  his  signature.  Minn., 
322. 

— No  law  shall  be  passed  unless  voted  for  by  a  major- 
ity of  all  the  members  elected  to  each  branch  of  the 
Legislature,  and  the  vote  entered  upon  the  journal  of 
each  House.     Minn.,  322. 

— Every  bill  shall  bo  fully  and  distinctly  read  on 
three  different  day.s.  unless,  in  case  of  urgency,  three- 
fourths  of  the  House  in  which  it  shall  be  pending, 
shall  dispense  with  tliis  rule.  Neb.,  372  ;  Ohio,  434. 
— Every  bill  shall  be  read  by  sections,  on  three 
several  days,  in  each  House,  unless,  in  case  of  emer- 
gency, two-thirds  of  the  House,  where  such  bill  may 
be  pending,  shall  deem  it  expedient  to  dispense  with 
this  rule ;  but  the  reading  of  a  bill  by  sections  on  its 
final  pa.ssage  shall,  in  no  case,  be  dispensed  with,  and 
the  vote  of  the  final  passage  of  every  bill,  or  joint 
resolution,  shall  be  taken  by  yeas  and  nays,  to  be 
entered  on  the  journals  of  each  House;  and  a  major- 
ity of  all  the  members  elected  to  each  House  shall  bo 
necessary  to  pass  every  bill  or  joint  resolution,  and 
all  bills  or  joint  resolutions  so  passed,  shall  bo  signed 
by  the  presiding  officers  of  the  respective  Houses, 
and  by  the  Secretary  of  the  Senate  and  Clerk  of  the 
Assembly.     Nev.,  382. 

— All  bills  and  joint  resolutions  shall  be  read  three 
times  in  each  House,  before  the  final  passage  thereof; 
and  no  bill  or  joint  resolution  shall  pass,  unless  there 
be  a  majority  of  all  the  members  of  each  body  per- 
sonally present  and  agreeing  thereto ;  and  the  yeas 
and  nays  of  members  voting  on  such  final  passage 
shall  be  entered  on  the  journal.  N.  J.,  414. 
— Every  bill  shall  be  read  by  sections,  on  three 
several  days,  m  each  House,  unless,  in  case  of  emer- 
gency, two-thirds  of  the  House  where  such  bill  may 
be  depending  shall,  by  a  vote  of  yeas  and  nays,  deem 
it  expedient  to  dispense  with  this  rule ;  but  the  read- 
ing of  a  bill  by  sections  on  its  final  passage  shall  in 
no  case  be  dispensed  with,  and  the  vote  on  the 
passage  of  every  bill  or  joint  resolutions  shall  be 
taken  by  yeas  and  nays.  Or.,  451. 
— No  bill  shall  be  pa.ssed  by  the  Legislature  granting 
any  powers,  or  privileges,  in  any  case,  where  the 
authority  to  grant  such  powers,  or  privileges,  has 
been,  or  may  hereafter  be,  conferred  upon  the  courts 
of  this  Commonwealth.  Pa.,  472, 
— No  bill  shall  have  the  force  of  law  until  it  shall 
have  been  read  three  times,   and  on  three  several 


77 


1  S  16'  ^o  private  or  local  bill,  which  may  be  passed  by  the  Legislature, 

2  shall  embrace  more  than  one  subject,  and  that  shall  be  expressed  in  the  title. 


days,  in  each  House,  has  had  the  seal  of  the  State 
affixed  to  it,  and  has  been  signed  in  the  Senate  House 
by  tlie  President  of  the  Senate  and  tlie  Speaker  of 
the  House  of  Representatives.  S.  C,  484. 
— No  bill  shall  become  a  law  until  it  has  been  fully 
and  distinctly  read  on  three  different  days  in  each 
branch  ;  unless  in  cases  of  emergency,  three-fourths 
of  the  members  present  dispense  with  tliis  rule.  W. 
Va.,  551. 

— That  whenever  the  Assembly  and  Senate  disagree, 
a  conference  shall  be  held,  in  the  preference  of  both, 
and  be  managed  by  committees,  to  be  by  them 
respectively  chosen  by  ballot.     N.  Y.  {ITil),  28. 


SIGNATURE   OF  BILLS. 

— Every  bill  having  passed  both  Houses,  shall  be  care- 
fully enrolled,  and  shall  be  signed  by  the  presiding 
officer  of  each  House.  Any  presiding  officer  refusing 
to  sign  a  bill  wliicli  shall  have  previously  passed  both 
Houses,  sliall  thereafter  be  incapable  of  holding  a  seat 
in  either  branch  of  the  Legislature,  or  hold  any  other 
office  of  honor  or  profit  in  the  State,  and  in  case  of 
such  refusal,  each  House  shall,  by  rule,  provide  the 
manner  in  wliich  such  bill  sliall  be  properly  certified 
for  presentation  to  the  Governor.  Minn.,  322. 
— The  presiding  officer  of  each  branch  shall  sign, 
before  the  close  of  the  session,  all  bills  and  joint  reso- 
lutions passed  by  the  Legislature.  W.  Va.,  551. 
— The  presiding  officer  of  each  House  shall  sign  pub- 
licly, in  the  presence  of  the  House  over  which  l.e 
presides,  while  tlie  same  is  in  session  and  capable  of 
transacting  business,  all  bills  and  joint  resolutions 
passed  by  the  Legislature.  Neb.,  372  ;  Ohio.,  434. 
— That  all  bills  shall  be  read  three  times  in  each 
House,  before  tliey  pass  into  laws,  and  be  signed  by 
the  Speakers  ot  both  Houses.  N.  C,  424. 
— Every  bill,  when  passed  by  the  General  Assembly, 
and  sealed  witli  the  great  seal,  shall  be  presented  to 
the  Governor,  who  shall  sign  the  same  in  the  presence 
of  the  Presiding  Officers  and  Chief  Clerks  of  the 
Senate  and  House  of  Delegates.  Every  law  shall  be 
recorded  in  the  office  of  the  Court  of  Appeals,  and, 
in  due  time,  be  printed,  published  and  certified  under 
the  great  .seal  to  the  several  courts,  in  the  same 
manner  as  has  been  heretofore  usual  in  this  State. 
Md.,  2G3. 

— And  every  bill  having  passed  both  Houses  shall  be 
signed  by  the  Speaker  and  President  of  their  respect- 
ive Houses.     Iowa,  185. 

— All  acts  shall  be  signed  by  the  President  of  the 
Senate  and  the  Speaker  of  the  House  of  Representa- 
tives; and  no  bill,  ordinance  or  resolution  intended 
to  have  the  effect  of  law,  which  shall  have  been 
rejected  by  eitlier  House,  shall  be  again  proposed 
under  the  same  or  any  other  title,  without  the  con- 
sent of  two-thirds  of  the  House,  by  which  the  same 
was  rejected.     Oa.,  145. 

— On  the  passage  in  either  House  of  the  Legislature 
of  any  law,  which  imposes,  continues  or  renews  a 
tax,  or  creates  a  debt  or  charge,  or  makes,  continues 
or  renews  an  appropriation  of  public  or  trust  money, 
or  releases,  discharges  or  commutes  a  claim  or 
demand  of  the  State,  the  question  shall  be  taken  by 
yeas  and  nays,  wliich  shall  be  duly  entered  on  the 
journal ;  and  tliree-fiftlis  of  all  the  members  elected 
to  such  House,  sliall  in  all  cases  be  required  to 
constitute  a  quorum  therein.  Wii.,  568. 
— Every  bill  shall  be  read  once  on  three  different 
days,  and  be  passed  each  time  in  the  House  where  it 
originated,  before  transmission  to  the  other.  No  bill 
shall  become  a  law,  until  it  shall  be  read  and  passed 
on  three  different  davs  in  each  House,  and  be  signed 
by  their  respective  speakers.  Tcnn.,  493. 
20 


— Every  bill  shall  be  read  on  three  different  days  in 
each  House,  unless  two-thirds  of  the  House,  where 
the  same  is  pending,  shall  dispense  with  this  rule ; 
and  every  bill,  having  passed  both  Houses,  shall  be 
signed  by  the  Speaker  of  the  House  of  Representa- 
tives, and  by  the  President  of  the  Senate.  Mo.,  354 
(nearly  similar),  Tx.,'oOS. 

— .\  majority  of  all  the  members  elected  to  each 
House  shall  be  necessary  to  pass  every  bill  or  joint 
resolution ;  and  all  bills  and  joint  resolutions  so  pas.sed 
shall  be  signed  by  the  presiding  officers  of  the  respect- 
ive Houses.  Ind.,  174;  Or.,  451. 
— A  majority  of  all  the  members  elected  to  each  House, 
voting  in  the  affirmative,  shall  be  necessary  to  pass 
any  bill  or  joint  resolution.  Kitn.,  199. 
— No  law  sliall  bo  enacted  except  by  bill.  Wis.,  563 ; 
Kev.,  383. 

— All  laws  shall  be  passed  by  original  bill.  Md.,  262 ; 
Kati.,  200. 


LAWS    TO    EMBRACE    BUT    ONE    SUBJECT. 


— Each  law  enacted  by  the  Legislature  shall  embrace 
but  one  subject,  and  matter  properly  connected 
therewith,  which  subject  shall  be  briefly  expressed 
in  the  title.     Nev.,  332. 

—Every  act  or  resolution  having  the  force  of  law 
shall  relate  to  but  one  subject,  and  that  shall  be 
expressed  in  the  title.  S.  C,  484. 
— No  law  shall  embrace  more  than  one  subject, 
which  shall  be  expressed  in  its  title.  Minn.,  323; 
(nearly  similar)  Kan.,  199;  Md.,  262;  Ky.,  212; 
Mich.,  303  ;  Neb.,  'iTl ;  Ohio,  434 ;  Pa.,  472 ;  La.,  234 ; 
re,-c.,51G. 

— No  private  or  local  bill,  which  may  be  passed  by 
the  Legislature,  shall  embrace  more  than  one  subject, 
and  that  shall  be  expressed  in  the  title.  Wis.  563  : 
III.,  153. 

—Nor  shall  any  law  or  ordinance  pass,  which  refers 
to  more  than  one  subject  matter,  or  contains  matter 
different  from  what  is  expressed  in  the  title  thereof. 
Ga.,  145. 

— Every  act  shall  embrace  but  one  subject  and  mat- 
ters properly  connected  therewith;  which  subject 
shall  be  expressed  in  the  title.  But  if  any  subject 
shall  be  embraced  in  an  act  which  shall  not  be 
expressed  in  the  title,  such  act  shall  be  void  only  as 
to  so  much  thereof  as  shall  not  be  expressed  in  the 
title.     Ind.,  173;  loioa,  186. 

— Each  law  shall  embrace  but  one  subject,  which  shall 
be  described  in  the  title ;  and  no  law,  nor  any  section 
of  any  law,  shall  be  revised  or  amended  by  reference 
only  to  its  title  and  number,  but  the  law  or  seciion 
revised  or  amended  shall  itself  be  set  forth  at  full 
length.     Ala.,  75. 

— To  avoid  improper  influences  which  may  result 
from  intermixing  in  one  and  the  same  act  such  things 
as  have  no  proper  relation  to  each  other,  every  law 
shall  embrace  but  one  object,  and  that  shall  be 
expressed  in  the  title.  N.  J.,  415. 
• — Every  law  enacted  by  the  Legislature  shall  embrace 
but  one  object,  and  that  shall  be  expressed  in  the 
title;  and  no  law  shall  be  revised  or  amended  by 
reference  to  its  title  ;  but  in  such  case,  the  act  revised, 
or  section  amende  1,  shall  be  re-enacted  and  published 
at  length.      Cal,  99. 

— No  law,  enacted  by  the  General  As-sembly,  shall 
relate  to  more  than  one  subject,  and  that  shall  be 
expressed  in  the  title;  but  if  any  subject  embraced  in 
an  act  be  not  expressed  in  the  title,  such  act  shall  be 
void  only  as  to  so  much  thereof  as  is  not  so  expressed. 
Mo.,  354. 


78 


RESTRICTIONS  UPON  LEGISLATION— GEN- 
ERAL LAWS. 

— The  General  assembly  shall  not  pass  special  laws 
divorcinf;  any  named  parties ;  or  declaring  any  named 
person  of  age ;  or  authorizing  any  named  minor  to 
sell,  lease,  or  incumber  his  or  her  property  ;  or  pro- 
Tiding  for  the  sale  of  the  real  estate  of  any  named 
minor  or  other  person,  laboring  under  legal  disability, 
by  any  executor,  administrator,  guardian,  trustee,  or 
other  person;  or  changing  the  name  of  any  person; 
or  establishing,  locating,  altering  the  course,  or  aflect- 
ing  the  construction  of  roads,  or  the  building  or 
repairing  of  bridges ;  or  establishing,  altering,  or 
vacating  any  street,  avenue,  or  alley  in  any  city  or 
town  ;  or  extending  the  time  for  tiie  assessment  or 
collection  ol  taxes,  or  otherwise  relieving  any  assessor 
or  collector  of  taxes  from  the  due  performance  of  his 
official  duties ;  or  giving  effect  to  informal  or  invalid 
wills  or  deeds;  or  legahzing,  except  as  against  the 
State,  the  unauthorized  or  invalid  acts  of  any  officer ; 
or  granting  to  any  individual  or  company  the  right 
to  lay  down  railroad  tracks  in  the  streets  of  any  city 
or  town  ;  or  exempting  any  property  of  any  named 
person  or  corporation  from  taxation.  The  General 
Assembly  shall  pass  no  special  law  for  any  case  for 
which  provision  can  be  made  by  a  general  law  ;  but 
shall  pass  general  laws  providing,  so  far  as  it  may 
deem  necessary,  lor  the  cases  enumerated  in  this  sec- 
tion, and  for  all  other  cases  where  a  general  law  can 
be  made  applicable.     Mo.,  354. 

— The  General  Assembly  shall  not  pass  local  or 
special  laws  in  the  following  cases  : 

For  the  assessment  and  collection  of  taxes  for  State, 
county  or  road  purposes ; 

For  laying  out,   opening  and  working  roads  or 
highways ; 

For  changing  the  names  of  persons ; 
For  the  incorporation  of  cities  and  towns; 
For  vacating  roads,  town  plats,  streets,  alleys  or 
public  squares ; 

For  locating  or  changing  county  seats. 
In  all  the  cases  above  enumerated,  and  in  all  other 
cases  where  a  general  law  can  be  made  applicable,  all 
laws  shall  be  general  and  of  uniform  operation 
throughout  the  State ;  and  no  law  changing  the 
boundary  lines  of  any  county  shall  have  eflect  until, 
upon  being  submitted  to  the  people  of  the  counties 
aflfected  by  the  change,  at  a  general  election,  it  shall 
be  approved  by  a  majority  of  the  votes  in  each  county, 
cast  for  or  against  it.  loiva,  186. 
— The  Legislative  Assembly  shall  not  pass  special  or 
local  laws  in  any  of  the  following  enumerated  cases ; 
that  is  to  say  — 

Regulating  the  jurisdiction  and  duties  of  Justices 
of  the  Peace  and  of  Constables; 

For  the  punishment  of  crimes  and  misdemeanors  ; 
Regulating  the  practice  in  courts  of  justice ; 
Providing   for   changing   the   venue   in  civil  and 
criminal  ca,ses ; 

Granting  divorces ; 
Changing  the  names  of  persons ; 
For  laying,  opening  and  working  on  highways,  and 
for  the  election  or  appointment  of  Supervisors ; 

Vacating  roads,  town  plats,  streets,  alleys  and  pub- 
lic squares ; 

Summoning  and  empanneling  grand  and  petit 
jurors ; 

For  the  assessment  and  collection  of  taxes  for 
State,  county,  township  or  road  purposes ; 

Providing  for  supporting  common  schools,  and  for 
the  preservation  of  school  funds ; 
In  relation  to  interest  on  money  ; 
Providing  for  opening  and  conducting  elections  of 
State,  county,  or  township  officers,  and  designating 
the  places  of  voting  ; 

Pi'oviding  for  the  sale  of  real  estate  belonging  to 
minors,  or  other  persons  laboring  under  legal  disa- 
bilities, by  executors,  administrators,  guardians,  or 
trustees.  Or.,  451 ;  (nearly  similar)  JVei;.,  383;  Ind., 
174;  i/A,  263. 


— The  Legislature  shall  not  audit  nor  allow  any  pri- 
vate claim  or  account.     Jfich.,  303. 

[In  addition  to  the  list  of  most  of  restrictions  above 
recited,  the  Constitution  of  Maryland  has  the  follow- 
ing: Giving  eflect  to  informal  or  invahd  deeds  or 
wills ;  refunding  money  paid  into  the  State  Treasury, 
or  releasing  persons  from  their  debts  or  obligations 
to  the  State,  unless  recommended  by  the  Governor 
or  officers  of  the  Treasury  Department;  or  establish- 
ing, locating,  or  affecting  the  construction  of  roads, 
and  the  repairing  or  building  of  bridges.  And  the 
General  Assembly  shall  pass  no  special  law  for  any 
case  for  which  provision  has  been  made  by  an  exist- 
ing general  law.  Tlie  General  Assembly,  at  its  first 
session  after  the  adoption  of  this  Constitution,  shall 
pass  general  laws  providing  for  the  cases  enumerated 
in  this  section,  and  for  all  other  cases  where  a  general 
law  can  be  made  applicable].  Md.,  263. 
—In  all  cases  enumerated  in  the  preceding  section, 
and  in  all  other  cases  where  a  general  law  can  be 
made  applicable,  all  laws  shall  be  general,  and  of 
uniform  operation  throughout  the  State.  Nev.,  383  ; 
Ind.,  174. 

—All  laws  of  a  general  nature  shall  have  a  uniform 
operation  throughout  the  State ;  nor  shall  any  act, 
except  such  as  relates  to  public  schools,  to  be  passed 
take  efTect  upon  the  approval  of  any  other  authority 
than  the  General  Assembly,  except  as  otherwise  pro- 
vided in  this  Constitution.  Ohio,  435. 
— In  all  cases  where  a  general  rule  can  be  made 
applicable,  no  special  law  shall  be  enacted.  Kan.,  200. 
— The  General  Assembly  shall  not  pass  any  private 
law,  unless  it  shall  be  made  to  appear  tliat  thirty 
days'  notice  of  application  to  pass  such  law  shall  have 
been  given,  under  such  directions  and  in  such  manner 
as  shall  be  provided  by  law.  jV.  C,  428. 
— The  General  Assembly  shall  not  have  power  to 
pass  any  private  law  or  alter  tlie  name  of  any  person, 
or  to  legitimate  any  persons  not  born  in  lawful  wed- 
lock, or  to  restore  to  the  rights  of  citizenship  any 
person  convicted  of  any  infamous  crime;  but  shall 
have  power  to  pass  general  laws  regulating  the  same. 
N.  C,  428. 

— All  laws  of  a  general  nature  shall  have  a  uniform 
,  operation.  Cal,  96 ;  Kan.,  200. 
— All  laws  of  a  general  nature  shall  have  a  uniform 
operation ;  the  General  Assembly  shall  not  grant  to 
any  citizen  or  class  of  citizens  privileges  or  immuni- 
ties which  upon  the  same  terms  shall  not  equally 
belong  to  all  citizens.  Iowa,  183. 
— Every  statute  shall  be  a  public  law,  unless  other- 
wise declared  in  the  statute  itself  Ind.,  174  ;  Or.,  451. 
— No  special  law  shall  be  enacted  for  the  benefit  of 
individuals  or  corporations,  in  cases  which  are  pro- 
vided for  by  a  general  law,  or  where  the  relief  sought 
can  be  given  by  any  court  of  this  State.  Ala.,  78. 
— The  General  As.sembly  shall  pass  a  general  law 
prescribing  the  manner  in  which  names  of  persons 
may  be  changed,  but  no  special  law  for  such  purpose 
shall  be  passed ;  and  no  law  shall  be  made  allowing 
minors  to  contract,  or  manage  their  estates.  Fl.,  133. 
— No  private  or  special  law  shall  be  passed  authoriz- 
ing the  sale  of  any  lands  belonging  in  whole  or  in 
part  to  a  minor  or  minors,  or  other  persons  who  may 
at  the  time  be  under  any  legal  disability  to  act  for 
themselves.     N'.  J.,  415. 

— The  Legislature  shall  have  no  power  to  grant  leave 
of  absense  to  a  judicial  officer,  and  any  such  officer 
who  shall  absent  himself  from  the  State  for  more  than 
ninety  consecutive  days,  shall  be  deemed  to  have 
vacated  his  office.     Nev.,  388. 


SUSPENSION  OF  LAWS. 

— That  no  power  of  suspending  laws  shall  be  exercised, 
except  by  the  General  Assembly,  or  by  its  authority. 
Ala.,  73;  A'y.,  223. 

— No  law  of  a  general  nature,  unless  otherwise  pro- 
vided for,  shall  be  enforced  until  sixty  days  after  the 
passage  thereof     Miss.,  342. 


79 


1  S  17.  The  Legislature  may  confer  upou  the  boards  of  sui)ervisors  of  the 

2  several  counties  of  the  State,  such  further  powers  of  local  legislation  and 

3  administration  as  they  shall  from  time  to  time  prescribe. 


— The  Legislature  shall  have  no  power  to  suspend 
any  general  law  for  the  benefit  of  any  particular  indi- 
vidual, nor  to  pass  any  law  for  the  benefit  of  individu- 
als inconsistent  with  the  general  laws  of  the  land; 
nor  to  pass  any  law  granting  to  an  individual  or 
individuals,  rights,  privileges,  immunities,  or  exemp- 
tions, other  than  such  as  may  be,  by  the  same  law, 
extended  to  any  member  of  the  community,  who 
may  be  able  to  bring  himself  within  the  provisions  of 
such  law ;  Provided  always,  The  Legislature  shall 
have  power  to  grant  such  charters  of  corporation  as 
they  may  deem  expedient  for  the  public  good.  Tenn., 
499. 

— And  no  public  act  of  the  General  Assembly  shall 
take  effect  or  be  in  force,  until  the  expiration  of  sixty 
days  from  the  end  of  the  session  at  which  the  same 
may  be  passed,  unless,  in  case  of  emergency,  the 
Oeneral  Assembly  shall  otherwise  direct.     III.,  153. 


RE-ENACTMENT  OF  LAWS. 

— No  act  shall  ever  be  revised  or  amended  by  mere 
reference  to  its  title ;  but  the  act  revised,  or  section 
amended,  shall  be  set  forth  and  published  at  full 
length.  7nd.,  173;  Za.,  234;  JVew.,  382;  Or.,  451 ; 
Tex.,  51G;    Va.,  537. 

— And  no  law  shall  be  revived  or  amended  unless  the 
new  act  contain  tlie  entire  act  revived,  or  the  section 
or  sections  amended,  and  the  section  oT  sections  so 
amended  shall  be  repealed.  Kan.,  199;  Neb.,  172; 
Ohio,  434. 

— And  no  law  nor  section  of  a  law  shall  be  revised  or 
amended  by  reference  to  its  title  or  section  only,  and 
it  shall  be  the  duty  of  the  General  Assembly,  in 
amending  any  article  or  section  of  the  code  of  laws 
of  this  State,  to  enact  the  same  as  the  said  article 
or  section  would  read  when  amended;  and  whenever 
the  General  Assembly  shall  enact  any  public  general 
law,  not  amendatory  of  any  section  or  article  in  the 
said  code,  it  shall  be  the  duty  of  the  General  Assem- 
bly to  enact  the  same  in  articles  and  sections,  in  the 
same  manner  as  the  said  code  is  arranged,  and  to  pro- 
vide for  the  publication  of  all  additions  and  alterations 
which  may  be  made  to  the  code.  Md.,  262. 
— No  law  shall  be  revived,  altered  or  amended  by 
reference  to  its  title  only  ;  but  the  act  revised,  and  the 
section  or  sections  of  the  act  altered  or  amended,  shall 
be  re-enacted  and  published  at  length.  Mich.,  303. 
— No  act  shall  be  revised  or  re-enacted  by  mere  refer- 
ence to  the  title  thereof;  nor  shall  any  act  be  amended 
by  providing  that  designated  words  thereof  shall  be 
struck  out,  or  that  designated  words  shall  be  struck 
out  and  others  inserted  in  lieu  thereof;  but  in  every 
such  case  the  act  revived  or  re-enacted,  or  the  act,  or 
part  of  act,  amended,  shall  be  set  forth  and  published 
at  length,  as  if  it  were  an  original  act  or  provision. 
Mo.,  354. 


MEMBERS  OF  LEGISLATURE  FORBIDDEN  TO 

ACT  AS  COUNSEL. 

— No  Governor,  member  of  Congress,  or  of  the  Gen- 
eral Assembly  of  this  State,  shall  receive  a  fee,  be 
engaged  as  counsel,  agent  or  attorney  in  any  civil 
case  or  claim  against  this  State,  or  to  which  this 
State  shall  be  a  party,  during  the  time  he  shall  remain 
in  office.     FL,  13G. 

— No  member  of  the  General  Court  shall  take  fees, 
be  of  counsel,  or  act  as  advocate  in  any  cause  before 
either  branch  of  the  Legislature,  and  upon  due  proof 


thereof,  such  member  shall  forfeit  his  seat  in  tlie  Leg- 
islature.    N.  II.,  402. 

— No  member  of  the  General  Assembly  shall  take 
any  fee,  or  be  of  counsel  in  any  case  pending  before 
either  House  of  the  General  Assembly,  under  penalty 
of  forfeiting  his  seat,  upon  proof  thereof  to  the  satisfac- 
tion of  the  House  of  which  he  is  a  member.  R.  I., 
476. 

— No  member  of  the  [Council]  {Senate),  or  House  of 
Representatives  shall  directly  or  indirectly  receive 
any  fee  or  reward  to  bring  forward  or  advocate  any 
bill,  petition,  or  other  business  to  be  transacted  in  the 
Legislature,  or  advocate  any  cause  as  counsel  in  either 
House  of  Legislation,  except  when  employed  ia 
behalf  of  the  State.     VL,  525. 


PUBLIC  PRINTING;— STATE  PAPER. 

— All  public  printing  shall  be  let  on  contract,  to  the 
lowest  responsible  bidder,  by  such  executive  officers, 
and  in  such  manner,  as  shall  be  prescribed  by  law. 
Kan.,  206. 

— The  printing  and  binding  the  laws  and  journals, 
all  blanks,  paper  and  printing  for  the  executive 
departments,  and  all  other  printing  ordered  by  the 
Legislature,  shall  be  let  by  contract  to  the  lowest 
bidder  or  bidders,  who  shall  give  adequate  and  satis- 
factory security  for  the  performance  thereof  The 
Legislature  shall  prescribe  by  law  the  manner  in 
which  the  State  printing  shall  be  executed,  and  the 
accounts  rendered  therefor;  and  shall  prohibit  all 
charges  for  constructive  labor.  They  shall  not  rescind 
nor  alter  such  contract,  nor  release  the  person  nor 
persons  taking  the  same,  or  his  or  their  sureties,  from 
the  performance  of  any  of  the  conditions  of  the  con- 
tract. No  member  of  the  Legislature,  nor  officer  of 
the  State,  shall  be  interested  directly  or  indirectly  in 
any  such  contract.     Mich.,  303. 

— The  Legislature  shall  not  establish  a  State  paper. 
Every  newspaper  in  the  State  which  shall  publish  all 
the  general  laws  of  any  session  within  forty  days  of 
their  passage,  shall  be  entitled  to  receive  a  sum  not 
exceeding  fifteen  dollars  therefor.     Mich.,  304. 

-The  printing  of  the  laws,  journals,  bills,  legislative 
documents,  and  papers  for  each  branch  of  the  Gen- 
eral Assembly,  with  the  printing  required  for  the 
Executive  and  other  departments  of  State,  shall  be 
let  on  contract,  to  the  lowest  responsible  bidder,  by 
such  executive  officers,  and  in  such  manner  as  shall 
be  prescribed  by  law.  Ohio,  443. 
— There  shall  be  elected  by  the  qualified  electors  of 
the  State,  at  the  same  times  and  places  of  choosing 
members  of  the  Legislative  Assembly,  a  State  Printer, 
who  shall  hold  his  office  for  the  term  of  four  years. 
He  shall  perform  all  the  public  printing  for  the 
State  which  may  be  provided  by  law.  The  rates  to 
be  paid  to  him  for  such  printing  shall  be  fixed  by 
law,  and  shall  neither  be  increased  nor  diminished 
during  the  term  for  which  he  shall  have  been  elected. 
He  shall  give  such  security  for  the  performance  of 
his  duties  as  the  Legislative  Assembly  may  provide. 

Dr.,  457. 

— There  shall  be  published  by  the  Treasurer,  in  at 
least  one  newspaper  printed  at  the  seat  of  govern- 
ment, during  the  first  week  of  January  in  each  year, 
and  in  the  next  volume  of  the  acts  of  the  Legisla- 
ture, detailed  statements  of  all  moneys  drawn  from, 
the  treasury  during  the  preceding  year,  for  what 
purpo.ses,  and  to  whom  paid,  and  by  what  law 
authorized,  and  also  of  all  moneys  received,  and  by 
what  authority,  and  from  whom.     Minn.,  327. 


80 
AETIOLE  IV. 

1  Sbctiox  1.  The  executive  power  shall  be  vested  in  a  Governor,  who  shall 

2  hold  his  oflBce  for  two  years ;  a  Lieutenant-Governor  shall  be  chosen  at  the 

3  same  time  and  for  the  same  term. 


— The  General  Assembly  shall  provide,  by  law,  that 
the  fuel  and  stationery  f'urnislied  for  the  use  of  the 
State,  the  copying,  printing:;,  binding,  and  distributing 
the  laws  and  journals,  and  all  other  printing  ordered 
by  the  General  Assembly,  shall  be  let,  by  contract,  to 
the  lowest  responsible  bidder ;  and  that  no  member 
of  the  General  Assembly,  or  other  officer  of  the 
State,  shall  be  interested,  either  directly  or  indirectly, 
in  any  such  contract;  Provided,  That  the  General 
Assembly  may  fix  a  maxinmm  price.     Ill,  104. 


EXPENSES  OF  THE  LEGISLATURE. 

— The  General  Assembly  shall  provide,  by  law,  that 
the  fuel  and  stationery  furnished  for  the  use  of  the 
State,  the  copying,  printing,  binding,  and  distributing 
the  laws  and  journals,  and  all  other  printing  ordered 
by  the  General  Assembly,  shall  be  let  by  contract,  to 
the  lowest  responsible  bidder;  and  that  no  member 
of  the  General  Assembly,  or  other  officer  of  the  State, 
shall  be  interested,  either  directly  or  indirectly,  in 
any  such  contract ;  Provided,  That  the  General 
Assembly  may  fix  a  maximum  price.  lU.,  154. 
— Ko  book  or  other  printed  matter  not  appertaining 
to  the  business  of  the  session  shall  be  purchased  or 
subscribed  for,  for  the  use  of  the  members  of  the 
General  Assembly,  or  be  distributed  among  them  at 
the  public  expense.     Ud.,  2G2. 

— The  Legislature  may  provide  by  law  for  the  pay- 
ment of  postage  on  all  mailable  matter  received  by 
its  members  and  officers  during  the  sessions  of  the 
Legislature,  but  not  oa  any  sent  or  mailed  by  them. 
Mich.,  302. 

— The  Legislature  shall  provide  by  law  that  all 
stationery  required  for  the  use  of  the  State,  and  all 
printing  authorized  and  required  by  them  to  be  done 
for  their  use,  or  for  the  State,  shall  be  let  by  contract 
to  the  lowest  bidder ;  but  the  Legislature  may  estab- 
lish a  maximum  price.  No  member  of  the  Legislature, 
or  other  State  officer,  shall  be  interested  either  directly 
or  indirectly,  in  any  such  contract.  Keb.,  373. 
— All  stationery  required  for  the  use  of  the  State  shall 
be  furnished  by  the  lowest  responsible  bidder,  under 
such  regulations  as  may  be  prescribed  by  law ;  but 
no  State  officer  or  member  of  the  Legislative  Assembly 
shall  be  interested  in  any  bid  or  contract  for  furnish- 
ing such  stationery.     Or.,  456. 

— The  Legislature  shall  provide  by  law  that  all  sta- 
tionery required  for  the  use  of  the  State,  and  all  print- 
ing authorized  and  required  by  them  to  be  done  for 
their  use,  or  for  the  State,  shall  be  let  by  contract  to 
the  lowest  bidder;  but  the  Legislature  may  establish 
a  maximum  price.  No  member  of  the  Legislature, 
or  other  State  officer,  shall  be  interested,  either 
directly  or  indirectly,  in  any  such  contract.  Wis.,  5(i3. 
— That  an  appropriation  may  be  made  for  the  pay- 
ment of  such  actual  expenses  as  the  members  of  the 
Legislature  may  incur  for  postage,  express  charges, 
newspapers,  and  stationery,  not  exceeding  the  sum 
of  sixty  dollars  for  any  general  or  special  session,  to 
each  member.     Nev.,  383. 


LEGISLATION  BY  SUPERVISORS. 

[Limited  powers  conferred  upon  Boards  of  Super- 
visors.] Kan.,  200;  Mick.,  304,  309;  W.  Va.  554- 
Wis.,  5C3.  ' 


CHOICE  OF  UNITED  STATES  SENATORS. 

— In  the  year  in  which  a  regular  election  for  a  Sena- 
tor of  the  United  States  is  to  take  place,  the  mem- 
bers of  the  General  Assembly  shall  meet  in  the 
hall  of  the  House  of  Representatives  on  the  second 
Monday  following  the  meeting  of  the  Legislature, 
and  proceed  to  said  election.  La.,  229. 
— Members  of  the  Senate  of  the  United  States  from 
this  State  shall  be  elected  by  the  two  Houses  of  the 
Legislature  in  joint  convention,  at  such  times  and  in 
sucli  manner  as  may  be  provided  by  law.  Minn.,  323. 
— In  all  elections  for  United  States  Senator.*!,  such 
elections  shall  be  held  in  joint  convention  of  both 
Houses  of  the  Legislature.  It  shall  be  the  duty  of 
the  Legislature  which  convenes  next  preceding  the 
expiration  of  the  term  of  such  Senator,  to  elect  his 
succes.sor.  If  a  vacancy  in  such  senatorial  represent- 
ation from  any  cause  occur,  it  shall  be  the  duty  of  the 
Legislature  then  in  session  ot  at  the  succeeding  ses- 
sion thereof,  to  supply  such  vacancy.  If  the  Legis- 
lature shall  at  any  time,  as  herein  provided,  fail  to 
unite  in  a  joint  convention  within  twenty  days  after 
the  commencement  of  the  session  of  the  Legislature 
for  the  election  of  such  Senator,  it  shall  be  the  duty 
of  the  Governor,  by  proclamation,  to  convene  the 
two  Houses  of  the  Legislature  in  joint  convention 
within  not  less  than  five  days,  nor  exceeding  ten  days 
from  the  publication  of  his  proclamation,  and  the  joint 
convention,  when  so  assembled,  shall  proceed  to  elect 
the  Senator,  as  herein  provided.  Mev.,  384. 
— And  in  the  election  of  United  States  Senators  and 
in  these  cases  the  vote  shall  be  taken  "  vtva  voce  " 
Ohio,  435. 

— It  shall  be  the  duty  of  the  two  Houses,  upon  the 
request  of  either,  to  join  in  grand  committee,  for  the 
purpose  of  electing  Senators  in  Congress,  at  such 
times  and  in  such  manner  as  may  be  prescribed  by 
law  for  said  elections.     R.  I.,  476. 

[The  Legislature  shall  proceed  as  early  as  practica- 
ble to  elect  Senators  to  represent  this  State  in  the 
Senate  of  the  United  States,  and  also  provide  for  the 
election  of  Representatives  to  the  Congress  of 
the  United  States.]     Tex.,  509. 


EXECUTIVE  POWER—  HOW  VESTED. 

— The  supreme  executive  power  of  this  State  shall 
be  vested  in  a  Governor.  N.  Y.  (1777),  28-  Del 
119;  a,  109;  Ga.,  146;  III,  157;  Ind,17i;  Kan!, 
IPS  ;  Me.,  244  ;  Mass.,  286  ;  Mich.,  304  ;  Mks.,  340  ; 
Neb.,  374;  N.  J.,  415;  Ohio,  435;  Or.,  452;  Pa., 
463;  Tenn.,Aai;  R.  I.,  417  ;  Fa.,  539 ;  W.  Va.,  551 ; 
Wis.,  563. 

— The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  "  the 

Governor  of ."     Ala.,  18  ;  Ark,  88 ;   Cal.,\00; 

Fl,rM;  Iowa,  187;  ATy.,  213  ;  ia.,  229  ;  Mo.,  355  ; 
N.  II.,  405;  JVey.,  384;  S.  C,  485;   Tex.,  512. 
— And  whose  title  shall  be,  His  Excellency.     N.  II. 
405.  ' 

— Who  shall  be  styled,  the  Oovemor  of  the  Common- 
wealth of  Massachusetts  ;  and  whose  title  shall  be,  His 
Excellency.     Mass.,  286. 

— Tbe  supreme  executive  power  shall  be  vested  in  a 
Governor,  or,  in  his  absence,  a  Lieutenant-Governor 
and  Council.     Vt,  523. 

— The  Executive  Department  shall  consist  of  a  Gov- 
ernor, Secretary  of  State,  Auditor  and  Treasurer,  who 


81 


1  S  2.  No  person  except  a  citizen  of  the  United  States  sball  be  eligible  to 

2  the  office  of  Governor,  nor  shall  any  person  be  eligible  to  that  oflSce,  who  shall 

3  not  have  attained  the  age  of  thirty  years,  and  who  shall  not  have  been  five 

4  years  next  preceding  his  election,  a  resident  within  this  State. 


shall  be  chosen  by  the  electors  of  the  State  on  the 
second  Tuesday  of  October,  and  at  the  places  of  vot- 
ing for  members  of  the  Legislature.  Neb.,  373. 
— The  Executive  Department  shall  consist  of  a  Gov- 
ernor, Lieutenant-Governor,  Secretary  of  State, 
Auditor,  Treasurer  and  an  Attorney-General,  who 
shall  be  chosen  by  the  electors  of  the  State  {Mux., 
323),  on  the  second  Tuesday  of  October,  and  at  the 
places  of  voting  for  members  of  the  General  Assem- 
bly.    Ohio,  435. 

— The  Supreme  Executive  power  of  the  State,  shall 
be  exercised  by  the  Governor,  or,  in  case  of  his  absence 
or  disability,  by  the  Lieutenant-Governor  ;  who  shall 
have  all  the  powers  and  perform  all  the  duties  vested 
in,  and  enjoined  upon,  the  Governor  and  Council,  by 
the  eleventh  and  twenty-seventh  sections  of  the 
second  chapter  of  the  Constitution,  as  at  present 
established,  excepting  that  he  shall  not  sit  as  a  judge 
in  case  of  impeachment,  nor  grant  reprieve  or  pardon 
in  any  such  case ;  nor  shall  he  command  the  forces 
of  the  State  in  person,  in  time  of  war  or  insurrection, 
unless  by  the  advice  and  consent  of  the  Senate;  and 
no  longer  tlian  they  shall  approve  thereof  Tlie  Gov- 
ernor may  have  a  Secretary  of  civil  and  military 
afBairs,  to  be  by  him  appointed  during  pleasure, 
whose  services  he  may  at  all  times  command;  and 
for  whose  compensation,  provision  shall  be  made  by 
law.     \%  520. 

— The  Executive  power  of  the  State  shall  be  vested 
in  a  Governor,  whose  term  of  office  shall  commence 
on  the  second  Wednesday  of  January  next  ensuing 
his  election,  and  continue  for  four  years,  and  until  his 
successor  shall  have  qualified,  but  the  Governor 
chosen  at  the  first  election  under  this  Constitution 
shall  not  enter  iipun  the  discharge  of  the  duties  of 
the  office  until  the  expiration  of  the  term  for  which 
the  present  incumbent  was  elected,  unless  the  Said 
office  shall  become  vacant  by  death,  resignation, 
removal  from  the  State,  or  other  disqualification  of 
said  incumbent.      Md.,  258. 

— The  E.xecutive  Department  shall  consist  of  a  Gov- 
ernor, Lieutenant-Governor,  Secretary  of  State, 
Auditor,  Treasurer,  Attorney-General  and  Superin- 
tendent of  Public  Instruction,  who  shall  be  chosen 
by  the  electors  of  the  State  at  the  time  and  place  of 
voting  for  members  of  the  Legislature,  and  shall  hold 
their  offices  for  the  term  of  two  years  from  the  second 
Monday  of  January  next  after  their  election,  and 
until  their  successors  are  elected  and  qualified. 
Kan.,  197. 


QUALIFICATIONS  OF  GOVERNOR. 


Citizenship:  Native  of  the  United  States.  Ala.,  78: 
Me.,  244;    Fa..  539. 

Citizen  of  the  United  States  2  years.  Cal,  100; 
loiva,  188.  5  years:  Ind.,  174;  J/d..  259;  Jl/tcA.,  304. 
10  years:  Fl,  130;  S.  C,  485.  12  years:  Del,  119; 
00,147.  14  years:  /ZZ.,  1.58.  20 years :  J/ass ,  340 ; 
iV:  J.,  416.  Time  not  specified :  Ky.,  213  ;  i/iw ,  323 ; 
Mo.,  355;    Or.,  452  ;   Teim.,  iOi;   Tex,  512;   Wis.,  56i. 

Citizens  of  State.  La.,  329;  Miss.,  320;  Tenn.,  494; 
Pa.,  463  ;   Va.,  539. 

Residence:  Resident  of  State  (actual),  Me.,  244. 
1  year:  Min.,  323.  2  years:  Cal,  100;  luwa,  188; 
Mich.,  304 ;  Nev.,  384,  3  years :  Or.,  452.  4  years : 
Ala.,  7«;  Ark.,  88;  VL,  520.  5  years:  Fl,  130; 
Ind.,  174;  La.,  229;  Min.,  340.  6  years:  Del,  119; 
Oa.,  147;  AY,  213;  Tex.,  512.  7  years:  Mo.,35t; 
21 


N.  S,  405;  K  J.,  416;  Pa.,  463;  Tenn.,  494.  10 
years:  III,  154;  S.  C,  485. 

Age:  At  least  25  years  :  Cal,  100;  Min.,  323;  Nev., 
384.  30  years:  Ala.,  78;  Ark.,  88;  Ct ,  107;  Del, 
119;  Fl,  130;  Ga.,  147;  Ind.,  174;  Iowa,  188; 
Me.,  244;  Md.,  259;  Mich.,  304;  J/w,?,,  340;  N.  H, 
405;  N.  J.,  416;  Pa.,  403;  8.  C,  485;  Tenn,  49 1; 
Ttx.,  512;  Va.,  539.  At  least  35  years:  ///.,  158; 
Ky.,  213;  i«r.,  229;  Mo.,355. 

CoVir  and  sex:  Must  be  a  white  male.  Mo.,  355. 

Freehold  qualijications :  To  the  value  of  £1,000. 
Mass.,  286. 


GOVERNOR  TO  HOLD  NO  OTHER  OFFICE. 


— No  member  of  Congress  or  person  holding  any 
office  under  the  United  States,  or  this  State,  shall 
execute  the  office  of  Governor.  Del,  119;  Ind.,  175; 
ia,,  229;  Mich.,  305;  Pa,  4.36;  Tenn.,  495;  except 
as  herein  provided,  Cal,  100;  Iowa,  188;  Kan  198; 
A''f6.,  374;  iVey.,  385;  O/jio,  436;  0;-.,  452. 
— And  no  person  shall  hold  the  office  of  Governor, 
and  any  other  office  or  commission,  civil  or  military 
(except  in  the  militia),  under  this  State  or  the  United 
States,  or  any  of  them,  or  any  other  power,  at  one 
and  the  same  time.  S.  C,  485. 
— Neither  the  Governor  nor  Lieutenant-Governor 
shall  be  eligible  to  any  other  office  during  the  term 
for  which  he  shall  have  been  elected.  Ind.,  176. 
— The  person  acting  as  Governor  shall  not  be  elected 
or  appointed  to  any  other  office  during  his  term  of 
service.      W.  Va.,  551. 

— No  person  holding  the  office  of  Governor  shall 
hold  any  other  office  or  commission,  civil  or  military. 
Tex.,  514. 

— No  person  elected  Governor  or  Lieutenant-Gov- 
ernor shall  be  eligible  to  any  office  or  appointment 
from  the  Legislature,  or  either  House  thereof,  during 
the  time  for  which  he  was  elected.  All  votes  for 
either  of  them  for  any  such  office  shall  be  void. 
Mich.,  305. 

— No  person  shall  at  one  and  the  same  time  hold  the 
office  of  Governor  and  any  other  office  or  commis- 
sion, civil  or  military,  either  under  this  State,  the 
United  States,  or  any  other  State  or  Government. 
Ala.,  79. 

— No  person  shall  hold  the  office  of  Governor  or 
Lieutenant-Governor,  and  any  other  office  or  com- 
mission, civil  or  military,  either  in  this  State  or  under 
any  State,  or  the  United  States,  or  any  other  power, 
at  one  and  the  same  time.  Ark.,  90. 
— No  Governor,  Lieutenant-Governor,  or  Judge  of 
the  Supreme  Judicial  Court,,  shall  hold  any  other 
office  or  place  under  the  authority  of  this  Common- 
wealth, except  such  as  by  the  Constitution  they  are 
admitted  to  hold,  saving  that  the  judges  of  the  said 
court  may  hold  the  offices  of  Justices  of  the  Peace 
through  the  State;  nor  shall  they  hold  any  other 
place  or  office,  or  receive  any  pension  or  salary  from 
any  other  State,  or  government,  or  power,  whatever. 
Ma.is.,  292. 

— No  person  shall  hold  the  office  of  Governor  and 
any  other  office  or  commission,  civil  or  military,  either 
in  this  State,  or  under  any  State,  or  the  United 
States,  or  any  other  power,  at  one  and  the  same  time, 
except  the  Lieutenant-Governor  or  the  Speaker  of 
the  House  of  Representatives,  when  he  shall  hold  the 
office  as  aforesaid.     Fl,  130. 


1  g  3.  The  Governor  and  Lieutenant-Governor  shall  be  elected  at  the  times 

2  and  places  for  choosing  members  of  the  Assembly.    The  persons  respectively 

3  having  the  highest  number  of  votes  for  Governor  and  Lieutenant-Governor, 

4  shall  be  elected ;  but  in  case  two  or  more  shall  have  an  equal  and  the  highest 

5  number  of  votes  for  Governor,  or  for  Lieutenant-Governor,  the  two  Houses  of 

6  the  Legislature,  at  its  next  annual  session,  shall,  forthwith,  by  joint  ballot, 

7  choose  one  of  the  said  persons  so  having  an  equal  and  the  highest  number  of 

8  votes  for  Governor  or  Lieutenant-Governor. 


TERM  OF  GOVERNOR. 

One  year:  Ct.,  109;  Me.,  244;  Mass.,  286;  N.  K, 
405;  R.I.,^T!\  Fi.,  522.  Two  years:  N.  K,  (1821), 
37;  Ala.,  78;  Ga.,  146;  Iowa,  188;  A'an.,  197;  Mich., 
304;  Minn.,  323;  Miss.,  340;  Mo.,  355;  Neb.,  373; 
N.  C,  429;  Ohio,  435  ^  W.  Va.,  551;  Wis.,  563. 
Three  years:  N.  Y.,  (1777),  24;  N.J.,i\Q;  Pa.,  463. 
Four  years  :  Ark.,  88 ;  Cat,  (amendment  of  1862) ; 
Del,  119;  FZ.,  130;  III,  152;  Lid.,  175;  Ky.,  213; 
io.,  229;  i/A,258;  JVeu.,  384;  Or.,  452;  &  C,  485; 
Tow.,  494;  Jkc.,  512;   Fo.,  539. 


ELIGIBILITY  TO  SUBSEQUENT  TERMS. 

Ineligible  fornexttenn:  Dd.,  119;  Oa.,  146;  Ky., 
213;  AT.  J:,  416;  S.  C.,485;  Fa.,  539.  May  hold  8 
years  in  12:  Arh.,  88;  Or.,  452;  Tex.,  512.  4  years 
in  8:  III,  192;  Ind.,  174.  4  years  in  6 :  Ala.,  78; 
Me.,  358;  Miss.,  340;  iV.  C,  429.  6  years  in  9:  Pa., 
463.     6  years  in  8 :  Term.,  494. 


COMMENCEMENT  OF  GOVERNOR'S  TERM. 

Istday  of  January:  Mich.,  318;  N.  T.  (1821),  44; 
N.  C,  429.  1st  Monday  of  January:  Mb.,  373. 
2d  Monday  of  January:  III,  152;  Iowa,  188;  Ind., 
175  ;  La.,  229.  1st  Wednesday  of  January  :  Me.,  244. 
3d  Tuesday  of  January:  ^  /,  415;  Pa.,  463;  Del., 
119,  1st  Thursday  aftier  organization  of  Legislature, 
or  as  soon  thereafter  as  practicable :  Tex.,  512.  4th 
day  of  March :  W.  Va.,  551.  1st  Wednesday  of  May : 
Ct,  109.  3d  Monday  of  November :  ^/iss.,  344.  5th 
Tuesday  after  election:  Ky.,  213.  1st  Monday  of 
December :  Cal,  (amendment  of  1862).  Time  to  be 
fixed  by  law :      Or.,  452. 

— The  term  of  of5ce  of  the  Governor,  Lieutenant- 
Governor,  and  Treasurer  of  the  State,  respectively, 
shall  commence  when  they  shall  be  chosen  and  quali- 
fied, and  shall  continue  for  the  term  of  one  year,  or 
until  their  successors  shall  be  chosen  and  qualified, 
or  to  the  adjournment  of  the  session  of  the  Legisla- 
ture, at  which,  by  the  Constitution  and  laws,  their 
successors  are  required  to  be  chosen,  and  not  after 
such  adjournment.     Vt.,  530. 


GOVERNOR'S  POWERS  AS  COMMANDER-IN- 
CHIEF. 

— The  Governor  shall  be  general  and  Commander-in- 
Chief  of  all  the  militia,  and  admiral  of  the  navy  of 
the  State.     N.  Y.  (1821),  38. 

— The  Governor  shall  be  Commander-in-Chief  of  the 
militia,  the  army  and  navy  of  this  State.  Cal,  100 ; 
(nearly  similar),  Fl,  130;  Ga.,  147;  Iowa,  188;  K 
J.,  416. 

— He  shall  be  Commander-in-Chief  of  the  army  of 
this  State,  and  of  the  militia  thereof,  except  when 
they  shall  be  called  into  the  service  of  the  United 


States.  Ark,  89;  Ct.,  110;  Del,  119;  III.,  158; 
La.,  230;  Miss.,  341;  Mo.,  355;  Nek,  374;  Nev., 
384;  Ohio,  430;  Pa.,  463;  Me.,  244;  R.  I,  477; 
S.  C,  485 ;  Teiin..  494  ;  Tex..  512. 
— Tlie  Governor  shall  be  Commander-in-Chief  of  the 
military  and  naval  forces,  and  may  call  out  such  forces 
to  execute  the  laws,  to  suppres^i  insurrections  and  to 
repel  invasions.  Mich.,  304  ;  Min.,  323  ;  Or.,  452  ; 
Ind,  175;  Kan.,  203. 

— He  shall  be  Commander-in-Chief  of  the  land  and 
naval  forces  of  the  State ;  have  power  to  embody  the 
militia  to  repel  invasion,  suppress  insurrection,  and 
enforce  the  execution  of  the  laws.  Va.,  539. 
— But  he  need  not  command  in  person,  unless  advised 
to  do  so  by  a  resolution  of  the  General  Assembly. 
Mo.,  3.5.5. 

—He  shall  have  power  to  call  forth  the  militia  to  exe- 
cute the  laws  of  the  State,  to  suppress  insurrections, 
and  to  repel  invasions ;  and  shall  appoint  his  Aid-de- 
Camp.     Ala.,  79. 

-  The  Governor,  for  the  time  being,  shall  be  Captain- 
General  and  Commander-in-Cliief  of  the  militia ;  and 
in  the  recess  of  the  General  Assembly,  shall  have 
power,  by  and  with  the  advice  of  the  Council  of 
State,  to  embody  the  militia  for  the  public  safety. 
N.  a,  424. 

— The  Governor  shall  be  Commander-in-Chief  of  the 
land  and  naval  forces  of  the  State,  and  may  call  out 
the  militia  to  repel  invasions,  suppress  insurrections, 
and  enforce  the  execution  of  the  laws ;  but  shall  not 
take  the  command  in  person  without  the  consent  of 
the  General  Assembly.  Md.,  259. 
— He  shall  be  Commander-in-Chief  of  the  army  and 
navy  of  this  Commonwealth,  and  of  the  militia 
thereif,  except  when  they  shall  be  called  into  the 
service  of  the  United  States ;  but  he  shall  not  com- 
mand personally  in  the  field,  unless  advised  so  to  do 
by  a  resolution  of  the  General  Assembly.  Ki/.,  213. 
— He  shall  be  Commander-in-Chief  of  the  army  and 
navy  of  this  State,  and  of  the  militia  thereof,  except 
when  they  shall  be  called  into  the  service  of  the 
United  States;  and  when  acting  in  tiie  service  of  the 
United  States,  the  General  Assembly  shall  fix  his 
rank.     Ala.,  79. 

— But  he  shall  not  march  nor  convey  any  of  the  citi- 
zens out  of  the  State  without  their  consent,  or  that 
of  the  Legislature,  unless  it  shall  become  necessary, 
in  order  to  march  or  transport  them  from  one  part  of 
the  State  to  another,  for  the  defense  thereof  Me.,  244. 
— The  Governor  of  this  Commonwealth,  for  the  time 
being,  shall  be  the  Commander-in-Chief  of  the  army 
and  navy,  and  of  all  the  military  forces  of  the  State, 
by  sea  and  land;  and  shall  have  fiill  power,  by  him- 
self or  by  any  commander,  or  other  officer  or  officers, 
from  time  to  time,  to  train,  instruct,  exerci.se  and 
govern  the  militia  and  navy ;  and,  for  the  special 
defense  and  safety  of  the  Commonwealth,  to  assem- 
ble in  martial  array  and  put  in  warlike  posture  the 
inhabitants  thereof,  and  to  lead  and  conduct  them, 
and  with  them  to  encounter,  repel,  resist,  expel  and 
pursue,  by  force  of  arms,  as  well  by  sea  as  by  land, 
within  or  without  the  hmits  of  this  Commonwealth, 


88 


1  ^4:.  The  Governor  shall  be  Oommander-in-Chief  of  the  military  and  naval 

2  forces  of  the  State.     He  shall  have  power  to  convene  the  Legislature  (or  the 

3  Senate  only)  on  extraordinary  occasions.    He  shall  communicate  by  message 

4  to  the  Legislature,  at  every  session,  the  condition  of  the  State,  and  recommend 

5  such  matters  to  them  as  he  shall  judge  expedient.    He  shall  transact  all  neces- 

6  sary  business  with  the  officers  of  government,  civil  and  military.    He  shall 


and  also  to  kill,  slay  and  destroy,  if  necessary,  and 
conquer,  by  all  fitting  ways,  enterprises  and  means 
■whatsoever,  all  and  every  such  person  and  persons  as 
shall,  at  any  time  hereafter,  in  a  hostile  manner, 
attempt  or  enterprise  the  destruction,  invasion,  detri- 
ment or  annoyance  of  this  Commonwealth;  and  to 
use  and  exercise,  over  the  army  and  nav}',  and  over 
the  militia  in  actual  service,  the  law  martial,  in  time 
of  war  or  invasion,  and  also  in  time  of  rebellion, 
declared  by  the  Legislature  to  exist,  as  occasion  shall 
necessarily  require ;  and  to  take  and  surprise,  by  all 
Vfsiys  and  means  whatsoever,  all  and  every  such  per- 
son or  persons,  with  their  ships,  arms,  ammunition 
and  other  goods  as  shall,  in  a  hostile  manner,  invade 
or  attempt  the  invading,  conquering  or  annoying  this 
Commonwealth  ;  and  that  the  Governor  be  intrusted 
with  all  these  and  other  powers  incident  to  the  offices 
of  Captain-General  and  Conmiander-in-Chief,  and 
Admiral,  to  be  exercised  agreeably  to  the  rules  and 
regulations  of  the  Constitution,  and  the  laws  of  the 
land,  and  not  otherwise. 

Provided,  That  the  said  Governor  shall  not,  at  any 
time  hereafter,  by  virtue  of  any  power  by  this  Con- 
stitution granted,  or  hereafter  to  be  granted  to  him 
by  the  Legislature,  transport  any  of  the  inhabitants 
of  this  Commonwealth,  or  oblige  them  to  march  out 
of  the  limits  of  the  same,  without  their  fi'ee  and 
voluntary  consent,  or  the  consent  of  the  General 
Court ;  except  so  far  as  may  be  necessary  to  march 
or  transport  them  by  land  or  water,  for  the  defense 
of  such  parts  of  the  State  to  which  they  cannot  other- 
wise conveniently  have  access.  Mass.,  287  (nearly 
Bimilar),  N.  K,  406. 

— The  Governor  shall  be  Commander-in-Chief  of  the 
military  forces  of  the  State  ;  shall  have  power  to  call 
out  the  militia  to  repel  invasion,  suppress  insurrection 
and  enforce  the  execution  of  the  laws ;  shall  conduct 
in  person  or  in  such  manner  as  may  be  prescribed  by 
law,  all  intercourse  with  other  States;  and  during  the 
recess  of  the  Legislat\u-e,  shall  fill  temporarily  all 
vacancies  in  office,  not  provided  for  by  this  Constitu- 
tion or  the  Legislature,  by  commissions,  to  expire  at 
the  end  of  thirty  days  after  the  commencement  of  the 
succeeding  session  of  the  Legislature.  He  shall  take 
care  that  the  laws  be  faithfully  executed;  communi- 
cate to  the  Legislature  at  each  session  thereof  the 
condition  of  the  State,  and  recommend  to  their  con- 
sideration such  measures  as  he  may  deem  expedient. 
He  shall  have  power  to  remit  fines  and  penalties  in 
such  cases  and  under  such  regulations  as  may  be  pre- 
scribed by  law  ;  to  commute  capital  punishment,  and, 
except  when  the  prosecution  has  been  carried  on  by 
the  House  of  Delegates,  to  grant  reprieves  and  par- 
dons after  conviction  ;  but  he  shall  communicate  to 
the  Legislature,  at  each  session,  the  particulars  of 
every  case  of  fine  or  penalty  remitted,  of  punishment 
commuted,  and  of  reprieve  or  pardon  granted,  with 
his  reasons  for  remitting,  commuting  or  granting  the 
same.      W.  Va.,  552. 

— -The  Governor  shall  be  Captain-General  and  Com- 
mander-in-Chief of  the  forces  of  the  State  ;  but  shall 
not  command  in  person,  except  advised  thereto  by 
the  Council,  and  then  only  so  long  as  they  shall 
approve  thereof  And  the  Lieutenant-Governor  shall, 
by  virtue  of  his  office,  be  Lieuttnant-General  of  all 
the  forces  of  the  State.  Fa.,  524. 
— When  the  Governor  shall  be  out  of  the  State  in 


time  of  war,  at  the  head  of  a  military  force  thereof, 
he  shall  continue  Commander-in-Chief  of  all  the  mili- 
tary forces  of  the  State.  Mich.,  305. 
— But  when  the  Governor  shall,  with  the  consent  of 
the  Legislature,  be  out  of  the  State  in  time  of  war, 
and  at  the  head  of  any  military  force  thereof,  he  shall 
continue  Commander-in-Chief  of  the  mihtary  forces 
of  the  State.    Nev.,  385. 


GOVERNOR  TO  COMAIUNICATE  BY  MESSAGE. 

— That  it  shall  be  the  duty  of  the  Governor  to  inform 
the  Legislature,  at  every  session,  of  the  condition  of 
the  State,  so  far  as  may  respect  his  department ;  to 
recommend  such  matters  to  their  consideration  as 
shall  appear  to  him  to  concern  its  good  government, 
welfare  and  prosperity,  to  correspond  with  the  Con- 
tinental Congress,  and  other  States;  to  transact  all 
necessary  business  with  the  officers  of  government, 
civil  and  military ;  to  take  care  that  the  laws  are 
faithfully  executed,  to  the  best  of  his  ability,  and  to 
expedite  all  such  measures  as  may  be  resolved  upon 
by  the  Legislature.  A'!  Y.  (1777),  29. 
— He  shall  frum  time  to  time  give  to  the  General 
Assembly  information  of  the  State  of  the  Govern- 
ment, and  recommend  to  their  consideration  such 
measures  as  he  may  deem  expedient.  Ala.,  79;  Ark, 
89;  Cal,  100;  Ct.,  110;  Del.,  120;  Fl,  131;  III., 
158;  Iiid.,  175;  loiva.  188;  Kan.,  198;  Ky.,  213;  La., 
230;  Me.,  245  ;  Md.,  260;  MicJi.,  304;  Min.,  323;  Miss., 
341 ;  Mo.,  355;  Neb.,  374;  Nev.,  386;  Ohio,  436;  Or., 
452;  Pa.,  463;  S.  C,  485;  Tenn.,  495;  Tex.,  513;  Va., 
539;  W.  Fa.,  552;    TF&.,  564. 


GOVERNOR  TO  TRANSACT  BUSINESS  WITH 
OTHER  STATES— HE  MAY  REQUIRE  RE- 
PORTS FROM  PUBLIC  OFFICERS. 

—He  may  require  from  the  Secretary  of  State  the 
Comptroller  of  Public  Accounts,  and  the  State  Treas- 
urer, information  in  writing  on  any  subject  relating 
to  the  duties  of  their  respective  offices.  Ala.,  79. 
— He  shall  transact  all  necessary  business  with  officers 
of  government,  and  may  require  information  in  writ- 
ing from  the  officers  of  the  Executive  department 
upon  any  subject  relating  to  the  duties  of  their 
respective  offices.  Cal.,  100;  Ind.,  175;  Iowa,  188: 
J/ic/i.,  304;  A'c!'.,  384;  Or,  453;  Wis.,  564. 
— He  may  require  any  information,  in  writing,  from 
the  officers  of  the  Executive  department  on  any  sub- 
ject relating  to  the  duties  of  their  respective  offices. 
Arh:,80;  Ct.,  110;  Del.,  120;  Fl.,  130;  /H.,  158; 
A'an.,  198;  Ky.,  213;  La.,  230;  Me.,  245;  Miss.,  341; 
A^c6.,  374;  Ohio,  435;  Pa.,  463;  S.  C,  485;  Temi., 
495;   Tex.,  513. 

— Conduct,  either  in  person  or  in  such  other  manner 
as  shall  be  prescribed  by  law,  all  intercourse  with 
other  and  foreign  States.  Va.,  539. 
— The  officers  of  the  Executive  department,  and  of 
all  public  State  institutions,  shall  at  least  ten  days 
preceding  each  regular  session  of  the  Legislature, 
severally  report  to  the  Governor,  who  shall  transmit 
such  reports  to  the  Legislature.  Kan.,  198;  (ten 
days  before  shall  transmit,  &o.,)  Ohio,  430. 
— It  shall  be  the  duty  of  the  Governor  semi-annually, 


84 


7  expedite  all  snob  measures  as  may  bo  resolved  upon  by  the  Legislature,  and 

8  shall  take  care  that  the  laws  are  faithfully  executed.    He  shall,  at  stated 

9  times,  receive  for  his  services  a  compensation  to  be  established  by  law,  which- 
10  shall  neither  be  increased  nor  diminished  after  his  election  or  during  his  con- 


11  tinuance  in  office. 

and  oflener  if  he  deem  it  expedient,  to  examine  tlio 
bank  bool:,  account  bool^s  and  official  prooeeilinffs  of 
the  Treasurer  and  Comptroller  of  the  State.  Md., 
260. 

— He  may  require  the  opinion,  in  writing,  of  the 
principal  officer  in  each  of  the  Executive  depart- 
ments, upon  any  subject  relating  to  the  duties  of  their 
respective  offices.  Lid.,  175;  Minn.,  323;  R,  540; 
W.  Va.,  552. 

— And  may  also  require  the  opinion  in  writing  of  the 
Attorney-General  upon  any  question  of  law  con- 
nected with  his  official  duties.  Va.,  540;  IK  Va., 
552. 

— He  shall  transact  all  necessary  business  with  the 
officers  of  government,  civil  and  military.  He  shall 
expedite  all  such  measures  as  may  be  resolved  upon 
by  the  Legislature,  and  shall  take  care  that  the  laws 
are  faithfully  executed.  He  shall  at  stated  times 
receive  for  his  services,  a  compensation  which  shall 
neither  be  increa.sed  nor  diminished  during  the  term 
for  which  he  shall  have  been  elected.  N.  Y. 
(1821),  38. 

[The  Governor  and  Council.]  Are  to  correspond 
with  other  States,  transact  business  with  officers 
of  Government,  civil  and  military,  and  to  prepare 
such  business  as  may  appear  to  them  necessary  to  lay 
before  the  General  Assembly. 


APPOINTING  POWER  OF  GOVERNOR. 

— He  .shall  appoint  all  officers  whose  offices  are  estab- 
lished by  this  Constitution,  or  shall  be  established  by 
law,  and  whose  appointments  are  not  herein  other- 
wise provided  for.      Dei,  119. 

— The  Governor  shall  nominate,  and,  by  and  with 
the  advice  and  consent  of  the  Senate  (a  majority  of 
all  the  Senators  concurring),  appoint  all  officers  whose 
offices  are  established  by  this  Constitution,  or  which 
may  be  created  by  law,  and  whose  appointments  are 
not  otherwise  provided  for ;  and  no  such  officer  shall 
be  appointed  or  elected  by  the  General  Assembly. 
Ill,  158. 

— The  appointing  power  shall  remain  as  heretofore, 
and  all  officers  in  the  appointment  of  the  Executive 
Department  shall  continue  in  the  exercise  of  the 
duties  of  ther  respective  otfices  until  the  Legislature 
shall  pass  such  laws  as  may  be  required  by  the  eighth 
section  of  the  sixth  article  of  the  amended  Constitu- 
tion, and  until  appointments  shall  be  made  under 
such  laws;  unless  their  commissions  shall  be  super- 
seded by  new  appointments,  or  shall  sooner  expire 
by  their  own  limitations,  or  the  said  offices  shall 
become  vacant  by  death  or  resignation,  and  such  laws 
shall  be  enacted  by  the  first  Legislature  under  the 
amended  Constitution.  Pa.,  469. 
— The  Senate  shall  vote  on  the  confirmation  or  rejec- 
tion of  the  officers  to  be  appointed  by  tlie  Governor 
with  the  advice  and  consent  of  the  Senale,  by  yeas 
and  nays;  and  tlie  names  of  the  Senators  voting  for 
and  against  the  appointments,  respectively,  shall  be 
entered  on  a  journal  to  be  k^-pt  for  that  purpose,  and 
made  public  at  the  end  of  each  session,  or  before. 
La.,  229. 

— All  civil  officers  appointed  by  the  Govenor  and 
Senate  .shall  be  nominated  to  the  Senate  within  fifty 
days  from  the  commencement  of  each  regular  session 


of  the  General  Assembly,  and  their  term  of  office, 
except  in  cases  otherwise  provided  for  in  tliis  Consti- 
tution, shall  commence  on  the  first  Monday  of  May 
next  ensuing  their  appointment,  and  continue  for  two 
years  (unless  sooner  reraovrd  from  ofiict),  and  until 
their  successors  respectively  qualify  according  to  law. 
Md.,  259. 

— A  person  once  rejected  by  the  Senate  shall  not  be 
re-appointed  by  the  Governor  to  the  same  office 
during  the  same  session  or  the  recess  thereafter. 
[Ga.,  147;  JM,  259.] 

— Unless  at  the  request  of  the  Senate.  Md.,  259. 
— He  shall  nominate,  and  by  and  with  the  advice  and 
consent  of  the  Senate,  appoint  all  officers  whose  offices 
are  e-tablished  by  the  Constitution,  and  whose 
appointments  are  not  herein  otherwise  provided  for; 
Provided,  however.  That  the  Legislature  shall  have  a 
right  to  prescribe  the  mode  of  appointment  to  all 
otlier  offices  established  by  law.  La.,  230 ;  Md.,  259. 
— The  Governor,  and  in  his  absence  the  Lieutenant- 
Governor  [with  the  Council  (the  major  part  of  whom 
including  tlie  Governor  or  Lieutenant-Governor,  shall 
be  a  quorum  to  transact  business)],  shall  have  power 
to  commission  all  officers,  and  al.so  to  appoint  officers 
except  where  provision  is  or  shall  be  otherwise  made 
by  law,  or  this  frame  of  government;  and  shall  sup- 
ply every  vacancy  in  any  office  occasioned  by  death 
or  otherwise,  until  the  ollice  can  be  filled  in  the  man- 
ner directed  by  law,  or  this  Constitution.  Vt.,  529. 
— He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  appoint  a  State  Librarian 
and  Notary  Public,  and  such  olher  officers  as  may  be 
provided  by  law.  He  shall  have  power  to  appoint 
commissioners  to  take  the  acknowledgment  of  deeds, 
or  other  instruments  in  writing,  to  be  used  in  this 
State.     Min.,  323. 

— He  shall  have^ower  to  fill  all  vacancies  that  may 
happen  in  such  judicial  offices  during  the  recess  of 
the  Senate,  by  granting  commissions,  which  shall 
expire  at  the  end  of  their  next  session ;  Provided, 
That  in  acting  on  executive  nominations  the  Senate 
shall  sit  with  open  doors,  and  in  confirming  or  reject- 
ing the  nominations  of  the  Governor  the  vote  shall 
be  taken  by  yeas  and  nays.  Pa.,  463. 
— Nominations  to  fill  all  vacancies  that  may  have 
occurred  during  the  recess,  shall  be  made  to  the  Sen- 
ate during  the  first  ten  days  of  its  session.  And 
should  any  nomination  so  made  be  rejected,  the  same 
individual  shall  not  again  be  nominated  during  the 
session  to  fill  the  same  office ;  and  should  the  Gov- 
ernor fail  to  make  nominations  to  fill  any  vacancy 
during  the  session  of  the  Senate,  such  vacancy  shall 
not  be  filled  by  the  Governor  until  the  next  meeting 
of  the  Senate.     Tex.,  514. 

— The  Governor  and  Council  shall  have  a  negative 
on  each  other,  both  in  the  nominations  and  appoint- 
ments. Every  nomination  and  appointment  shall  be 
signed  by  the  Governor  and  Council,  and  every  nega- 
tive shall  be  also  signed  by  the  Governor  or  Council, 
who  made  the  same.  N.  //.,  40G. 
— And  this  Convention  do  further,  in  the  name  and 
by  the  authority  of  the  people  of  this  State,  ordain, 
detcu'inine  and  declare.  That  by  the  true  construction 
of  the  twenty-third  article  of  the  Constitution  of 
this  State,  the  right  to  nominate  all  officers  other 
than  those  who  by  the  Constitution  are  directed  to 
be  otherwise  appointed,  is  vested  concurrently  in  the 
person  administering  the  government  of  this  State 
for  the  time  being  and  in  each  of  the  members  of  the 
Council  of  Appointment. 


GENERAL  POWERS  OF  GOVERNOR. 

— The  Governor  shall  have  power,  an^l  it  shall  be  his 
duly,  except  at  such  times  as  the  Legislature  may  be 
in  session,  to  examine  into  the  condition  and  adminis- 
tration of  any  public  office,  and  the  acts  of  any  public 
officer,  elective  or  appointed;  to  remove  from  office 
for  gross  neglect  of  duty,  or  for  corrupt  conduct  in 
office,  or  any  other  misfeasance  or  malfeasance  therein, 
either  of  the  following  officers,  to  wit:  The  Attorney- 
General,  State  Treasurer,  Commissioner  of  the  Land 
Office,  Secretary  of  State,  Auditor-General,  Superin- 
tendent of  Public  Instruction,  or  members  of  the  State 
Board  of  Education,  or  any  other  officer  of  the 
State,  except  legislative  and  judicial,  elective  or 
appointed  ;  and  to  appoint  a  successor  for  the  remain- 
der of  their  respective  unexpired  terms  of  office,  and 
report  the  causes  of  such  removal  to  the  Legislature 
at  its  next  session.     Mich.,  310. 

— The  Governor,  for  the  time  being,  ishall  have  power 
to  draw  for  and  apply  such  sums  of  money  as  shall  be 
voted  by  the  General  Assembly,  for  the  contingencies 
of  government,  and  be  accountable  to  them  for  the 
same.  He  also  may,  by  and  with  tlie  advice  of 
the  Council  of  State,  lay  embargoes,  or  prohibit 
the  exportation  of  any  commodity,  for  any  term  not 
■exceeding  thirty  days,  at  any  one  time  in  the  recess 
of  the  General  Assembly ;  and  shall  have  the  power 
of  granting  pardons  and  reprieves,  except  where  the 
prosecution  shall  be  carried  on  by  the  General 
Assembly,  or  the  law  shall  otherwise  direct ;  in  which 
•case,  he  may,  in  the  recess,  grant  a  reprieve  until  the 
next  sitting  of  the  General  Assembly  ;  and  he  may 
exercise  all  the  other  executive  powers  of  govern- 
ment, limited  and  restrained,  as  by  this  Constitution 
is  mentioned,  and  according  to  the  laws  of  the  State. 
And,  on  his  death,  inability,  or  absence  from  the 
■State,  the  Speaker  of  the  Senate,  for  the  time  being, 
and  in  case  of  his  death,  inability,  or  absence  from  the 
State,  the  Speaker  of  the  House  of  Commons  shall 
•exercise  the  powers  of  Government  after  such  death, 
or  during  such  absence  or  inability  of  the  Governor, 
or  Speaker  of  the  Senate,  or  until  a  new  nomination 
is  made  by  the  General  Assembly.  N.  C,  424. 
— He  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted. Afa,  79;  Ark.  89;  Cat,  100;  Ct,  110;  Del, 
120;  Fl,  131;  Ind.,  175;  Iowa,  188;  Kan.,  19G;  Ky., 
213;  La.,  2:!0;  i/A,  259;  J/c,  245;  Mich,  304;  Min., 
323 ;  Mins.,  341 ;  Mo.,  3.55 ;  Neb.,  434;  Nev.,  384  ;  Ohio, 
435;  Or.,  452;  N.  J.,  416;  Pa.,  463;  R.  I.,  477; 
S.  a,  485;  Teim.,  495;  Tex.,  513;  Va.,  539;  \V.  Va., 
552 ;    Wis.,  564. 

— To  take  care  that  the  laws  be  distributed.  Mo.,  355; 
— And  shall  be  a  conservator  of  peace  throughout  the 
State.     Mo.,  355. 


SALARY  OF  GOVERNOR. 

— He  shall,  at  stated  times,  receive  a  compensation 
for  his  services,  which  shall  not  be  increased  or  di- 
minished during  the  term  for  which  he  shall  have 
been  elected  ;  nor  shall  he  receive,  within  that  period, 
■any  other  emolument  from  the  United  States,  or  any 
one  of  them,  or  from  any  foreign  power.  Ark,  89. 
— -The  Governor  and  Council  shall  be  compensated  for 
their  services,  from  time  to  time  by  such  grants  as 
the  General  Court  shall  think  reasonable.  N.  H., 
407. 

— As  the  public  good  requires  that  the  Governor 
should  not  be  under  the  undue  influence  of  any  of 
the  members  of  tlie  General  Court,  by  a  dependence 
on  them  for  his  support — that  he  should,  in  all  cases, 
act  with  freedom  for  the  benefit  of  the  public — that 
he  should  not  have  his  attention  necessarily  diverted 
from  that  object  to  his  private  concerns — and  that  he 
should  maintain  the  dignity  of  the  Commonwealth  in 
the  character  of  its  Chief  Slagistrate — it  is  necessary 
that  he  should  have  an  honorable  stated  salary,  of  a 
fixed  and  permanent  value,  amply  sufficient  for  those 
purposes,  and  established  by  standing  laws;  and  it 
shall  be  among  the  first  acts  of  the  General  Court, 
22 


after  the  commencement  of  this  Constitution,  to  es- 
tablish such  salary  by  law  accordingly.  Mans,  288. 
— He  shall,  at  stated  time-s,  receive  a  compensatioa 
for  his  services,  which  sliall  not  be  either  increased 
or  diminished  du -ing  the  term  for  which  he  shall  have 
been  elected.  AJa.,  78;  Del,  119;  lad.,  176;  Fl, 
1.30;  Ky.,  213;  J/e.,  244;  Miif..,Zil;  Mo.,  355;  K 
J.,  416;  Pa,.,  463;  R.  I.,  477;  8.  C,  535;  Tean.,  495. 
— The  compensation  of  the  Governor,  Lieutenant- 
Governor,  Senators  and  Representatives  shall  be 
established  by  law,  and  shall  not  be  varied  so  as  to 
take  effect  until  after  an  election,  which  shall  next 
succeed  the  pa-sage  of  the  law  establishing  said  com- 
pensation.     Ct.,  1 10. 

— The  Lieutenant-Governor,  Secretary  of  State, 
Comptroller,  Treasurer,  Attorney-General  and  Sur- 
veyor-General, shall  each,  at  stated  times  during  their 
contmuance  in  office,  receive  for  their  services  a  com- 
pensation, which  shall  not  be  increased  or  diminished 
during  the  term  for  which  they  shall  have  beea 
elected;  but  neither  of  these  officers  shall  receive  for 
his  own  use  any  fees  for  the  performance  of  his  offi- 
cial duties.  Cal,  101. 
—Salary  $1,000.     Mich.,  308;  Neb.,  374. 

do       1,250.     Wis.,  564. 

do       1,500.     Ill,  158;   Or.,  457. 

do      2,000.      W.  Va.,  552. 

do      2,500.     Minn.,  323. 

do       3,000.     (.Minimum.)     Fl,  130. 

do       4,000.     Md.,2W;  Nev..Z^Z;   Tex.,b\2. 

do       5,000.      Va..,  539. 

do       8,000.     La.,  230. 

do  10,(100.  Co/,  106. 
— The  President  of  the  Senate  and  the  Speaker  of 
the  House  of  Representatives  shall,  during  the  time 
they  respectively  administer  the  government,  receive 
the  same  compensation  which  the  Governor  would 
have  received  if  he  had  been  employed  in  the  duties 
of  his  office.     Ala  ,  80. 

— The  Lieutenant-Governor  shall  while  he  acts  as 
President  of  the  Senate,  receive  for  his  services  the 
same  compensation  which  shall  be  allowed  to  the 
Speaker  of  the  House  of  Representatives  and  no 
more;  and  during  the  time  he  administers  the  gov- 
ernment as  Governor  shall  receive  the  same  compt-n- 
sation  which  the  Governor  would  have  received  had 
he  been  employed  in  the  duties  of  his  office  and  no 
more.  The  President  for  the  time  being  of  the  Sen- 
ate shall,  during  the  time  he  administers  the  govern- 
ment, receive  in  like  manner  the  same  compensatioa 
which  the  Governor  would  have  received  had  he 
been  employed  in  the  duties  of  his  office.  If  the 
Lieutenant-Governor  shall  be  required  to  administer 
the  Government,  and  shall,  whilst  in  such  adminis- 
tration die,  resign,  or  be  absent  from  the  State,  dur- 
ing the  recess  of  the  Legislature,  it  shall  be  the  duty 
of  the  Secretary  of  State  to  convene  the  Senate,  for 
the  purpose  of  choosing  a  Pi-esident  for  the  time 
being.     Tex.,  513. 

— The  Governor  shall  have  a  competent  S'llary,  whicli 
shall  not  be  increased  nor  diminished  during  the  time 
for  which  he  shall  have  been  elected ;  neither  shall 
he  receive  within  that  time  any  other  emolument 
from  the  United  States,  or  either  of  them,  nor  from 
any  foreign  power.      Oa.,  146. 

— During  his  continuance  in  office  shall  receive  no 
other  emoh'ment  from  this  or  any  other  government. 
Fa.,  539;    W.  Fo.,  552. 

— The  Governor  shall  reside  at  the  seat  of  Govern- 
ment, and  receive  a  salary  of  fifteen  hundred  dollars 
per  annum,  which  shall  not  be  increased  or  dimin- 
ished ;  and  he  shall  not  during  the  time  for  which  he 
shall  have  been  elected,  receive  any  emolument  from 
the  United  States,  or  either  of  them.  Ill,  158. 
— Until  the  Legislature  shall  otherwise  direct,  in  ac- 
coriance  with  the  provisions  of  this  Constitution,  the 
silary  of  the  Governor  shall  be  ten  thousand  dollars 
per  annum;  an  1  the  salary  of  the  Lieutenant-Gov- 
ernor shall  be  double  the  pay  of  a  State  Senator;  and 
the  pay  of  members  of  the  Legislature  shall  be  six- 
teen dollars  per  diem  while  in  attendance,  and  sixteen 
dollars  for  every  twenty  miles  travel  by  the  usual 


86 


1  §5.  The  Governor  shall  have  the  power  to  grant  reprieves,  commutations 

2  and  pardons,  after  conviction,  for  all  offenses  except  treason  and  cases  of 

3  imi)eachment,  npon  such  conditions  and  with  such  restrictions  and  limitations; 

4  as  ho  may  think  proper,  subject  to  such  regulations  as  may  be  provided  by 

5  law  relative  to  the  manner  of  applying  for  pardons.    Upon  conviction  for 
G  treason,  he  shall  have  power  to  suspend  the  execution  of  the  sentence  until 


route  from  their  residences,  to  the  place  of  hnlding 
the  session  of  the  Legislature,  nnd  in  returning  there- 
from. And  the  Legislatui-e  shall  fix  the  salari'^s  of 
all  olfii-ers,  other  than  those  elected  by  the  people  at 
the  tirst  election.     Cal.,  106. 


(1)  JV:  F.  (1821),  38. 


PARDONING  POWER. 

— He  shall  have  power  to  remit  fines  and  forfeitures, 
and  grant  reprieves  and  pardons,  except  in  cases  of 
impeachment.     Pa.,  463  ;   Teiin.,  494. 
—  He  shall  have  power  to  grant  reprieves  and  par- 
don.s,  alter  conviction,  for  oQenses  against  the  Siate, 
except  in  cases  of  impeachment.     Attn.,  323. 
— He  shall  have  power  to  grant  reprieves  after  con- 
Tiction,   in   all  cases  except  those  of  impeachment, 
until   the  end  of  the  next  session  of  the   General 
Assembly  (/J.  /,  477)  and  no  longer.      Ct.,  110. 
— The  pardoning  power  shall  be  vested  in  the  Gov- 
ernor, under  regulations  and  restrictions  prescribed 
by  law.     Kan.,  1 98. 

— He  shall  have  power,  with  the  advice  and  consent 
of  the  Council,  to  remit,  alter  conviction,  all  forfeit- 
ure and  penalties,  and  grant  reprieves  and  pardons, 
except  in  cases  of  impeachment.  J/e..  245. 
— In  all  criminal  and  penal  cases  (except  of  impeach- 
ment), after  conviction,  he  shall  have  power  to  grant 
reprieves  and  pardons,  and  remit  fines  and  forfeit- 
ures, under  such  rules  and  regulations  as  shall  be  pre- 
scribed by  law.     Fl,  131. 

— He  shall  have  power  to  grant  reprieves  for  offenses 
against  the  State,  except  in  cases  of  impeachment, 
and  to  grant  pardons,  or  to  remit  any  part  of  a  sen- 
tence, in  all  cases  after  conviction,  except  for  treason, 
murder,  or  other  capital  offenses,  in  which  cases  he 
may  respite  the  execution,  and  make  report  thereof 
to  the  next  General  As.*embly.  Ga.,  147. 
— The  Governor  or  person  administering  the  govern- 
ment shall  have  power  to  suspend  the  collection  of 
fines  and  forfeitures,  and  to  grant  reprieves  to  extend 
until  the  expiration  of  a  time  not  exceeding  ninety 
days  alter  ccmviction  ;  but  this  power  shall  not  extend 
to  cases  of  impeachment.  A': /.,  416. 
— The  Governor,  Justices  of  the  Supreme  Court,  and 
Alt'irney-General,  or  a  major  part  of  them,  of  whom 
the  Governor  shall  be  one,  may,  upon  such  conditions 
and  with  such  limitations  and  restrictions  as  they 
may  think  proper,  remit  fines  and  forfeitures,  com- 
mute puni.-;hments,  and  grant  pardons  afer  convic- 
tions in  all  ca.ses,  except  treason  and  impeachments, 
subject  to  such  regulations  as  may  be  provided  by  law 
relative  to  the  manner  of  applying  for  pardons 
Nev.,  385. 

— In  all  c'iminal  and  penal  eases,  except  those  of 
treason  and  impeachment,  he  shall  have  power  to 
grant  reprieves  and  pardons,  and  to  remit  fines  and 
forfeitures,  under  such  rules  and  regulations  as  may 
be  prescribed  by  law;  and  in  cases  of  treason,  he 
shall  have  power,  by  and  with  the  advice  and  con.«ent 
of  the  Senate,  to  grant  reprieves  and  pardons,  and  in 


the  recess  of  the  Senate  he  may  respite  the  sentence 
until  the  end  of  the  next  ses.sion  of  the  General 
Assembly.  Aln.,  79 ;  Ark.,  Xd  ;  Tex.,  513  ;  Mm.,  341. 
— The  Governor  shall  have  the  power  to  grant 
reprieves,  conmiutations  and  pardons,  after  convic- 
tion, for  all  offenses  except  treason  and  cases  of 
impeachment,  upon  such  conditions  and  with  such 
restrictions  and  limitations  as  ho  may  think  proper, 
subject  to  such  regulations  as  may  be  provided  by  law 
relative  to  ihs  manner  of  applying  for  pardons.  He 
shall,  at  each  session  oi  the  Genei'al  Assembly,  com- 
mimioate  to  that  body  each  case  of  reprieve,  commu- 
tation or  pardon  granted ;  stating  the  name  of  the 
convict,  the  crime  of  which  he  was  convicted,  the 
sentence  and  its  date,  the  date  of  the  commutaiion. 
pardon  or  reprieve,  and  the  reasons  for  granting  the 
same  [i/o.,  355;  Or.,  453  (nearly  similar),  III.,  158; 
Cal.,  100;  Ind.,  175;  Iowa,  188;  Mick.  305;  Nev., 
385;  Ohio.  436;  Wis.,  564],  and  also  the  names  of 
all  persons  in  whose  favor  remission  of  fines  and  for- 
feitures shall  have  been  jnade,  and  the  several 
amounts  remitted;  Provided,  however.  That  the  Gen- 
eral As.semb!y  may,  by  law,  constitute  a  council,  to 
be  composed  of  officers  of  State,  without  whose  advice 
and  consent  the  Governor  shall  not  have  power  to 
grant  pardons  in  any  case,  except  .such  as  may  by  law 
be  left  to  his  sole  power.  Ind.,  175. 
— Upon  conviction  for  treason,  he  shall  have  the- 
power  to  suspend  the  execution  of  the  .sentence  until 
the  case  shall  be  reported  to  the  Legislature  at  its  next 
meeting,  when  the  Legislature  shall  either  pardon,  or 
commute  the  sentence,  direct  the  execution  of  the 
sentence,  or  grant  a  further  reprieve.  Cal,  100; 
III,  158;  Ind.,  175;  Wis-.,  504;  Iowa,  188;  Mich., 
305;  Afe,  385;  Or..  453 ;  Ohio,  iSG. 
— He  shall  have  power  to  remit  fines  and  forfeitures, 
under  such  regulations  as  may  be  prescribed  by  law ; 
and  shall  report  to  the  General  A.ssembly  at  its  next 
meeting,  each  case  of  reprieve,  commutation,  or  par- 
don granted,  and  the  reasons  therefor;  and  also  all 
persons  in  whose  favor  remission  of  fines  and  forfeit- 
ures shall  have  been  made  and  the  several  amounts 
remitted.  Iowa,  188;  Or.,  453. 
— He  shall  have  power  to  grant  reprieves  and  par- 
dons, except  in  cases  of  iuipeachment,  and  in  ca.ses  in 
which  he  is  prohibited  by  other  articles  of  this  Con- 
stitution, and  to  remit  fines  and  forfeitures  for  offenses 
against  the  State;  but  shall  not  remit  the  principal  or 
interest  of  any  debt  due  to  tlie  State,  except  in  cases 
of  fines  and  forfeitures;  and  before  granting  a  Ho'te 
pro.':equi,  or  pardon,  he  shall  give  notice  in  one  or  more 
newspapers  of  the  application  made  for  it,  and  of  the 
day  on  or  after  which  his  decision  will  be  given;  and 
in  every  case  in  which  he  exercises  this  power,  he 
shall  report  to  either  branch  of  tlie  General  Assembly 
whenever  required,  the  petitions,  recommendations 
and  reasons  which  influenced  his  decision.  Md.,  260. 
— He  shall  have  power  to  grant  reprieves  and  pardons 
after  conviction  (except  in  cases  of  impeachment),  in 
such  manner,  on  such  terms  and  under  such  restric- 
tions as  he  shall  think  proper,  and  he  shall  have 
power  to  remit  fines  and  forfeitures,  unle.^s  otherwise 
directed  by  law.  It  shall  be  his  duty  to  report  to  the 
General  Assembly  at  the  next  regular  session  |liere- 
after  all  pardons  granted  by  him,  with  a  full  state- 
ment of  each  case  and  the  reason  moving  him  there- 
unto.    S.  a,  485. 


8t 


7  the  case  sball  be  reported  to  the  Legislature  at  its  next  meeting,  when  the 

8  Legislature  shall  either  pardou  or  commute  the  sentence,  direct  the  execution 

9  of  the  sentence,  or  grant  a  further  reprieve.     He  shall  annually  communicate 

10  to  the  Legislature  each  case  of  reprieve,  commutation  or  pardon  granted; 

11  stating  the  name  of  each  convict,  the  crime  of  which  he  was  convicted,  the 

12  sentence  and  its  date,  and  the  date  of  the  commutation,  pardon  or  reprieve.(') 


— He  shall  have  power  to  remit  fines  and  forfeitures 
and  to  grant  reprieves  and  pardons,  except  in  cases 
of  impeachment.  He  sliall  set  fortli  in  writinfif.  fully, 
the  groimds  of  all  reprieves,  pardons  and  remissions, 
to  be  entered  in  the  register  of  lii.s  official  acts,  and 
laid  before  the  General  Assembly  at  their  next  ses- 
sion.    Del,  120. 

— The  Governor,  or  person  administering  the  gov- 
ernment, the  Chancellor,  an<l  the  si.K  Judges  of  the 
Court  of  Errors  and  .\ppeals,  or  a  major  part  of  them, 
of  whom  the  Governor,  or  person  administering  the 
government  shall  be  one,  may  remit  fines  and  forfeit- 
ures and  grant  pardons,  after  conviction,  in  all  cases 
except  impeachment.  AT  ■/!,  416. 
— Thi!  Governor  shall  have  power  to  grant  reprieves 
for  all  oifenses  against  the  State,  and  except  in  cases 
of  impeachment,  shall,  with  the  consent  of  the  Sen- 
ate, have  power  to  grant  pardons,  remit  fines  and  for- 
feitures, after  conviction.  In  cases  of  treason  he 
may  grant  reprieves  until  the  end  of  the  next  session 
of  the  General  Assembly,  in  which  the  power  of  par- 
doning shall  be  vested.  La.,  230. 
— The  power  of  pardoning  offenses,  except  such  a.s 
persons  may  be  convicted  of  bef  >re  the  Senate  by 
impeachment  of  the  House,  shall  be  in  the  Governor, 
by  and  with  the  advice  of  Council;  but  no  charter 
of  pardon  granted  by  the  Governor,  with  advice  of 
Council,  before  conviction,  sh.all  avail  the  party 
pleading  the  same,  notwilh-standing  any  general  or 
particular  expressions  contained  therein  descriptive 
of  the  otfense  or  offenses  intended  to  be  pardoned. 
JV.  //.,  406. 

— He  sh  dl  have  power  to  remit  fines  and  forfeitures, 
grant  reprieves  and  pardons,  except  in  cases  of  im- 
peachment. In  cases  of  treason,  he  shall  have  power 
to  grant  reprieves  until  the  end  of  the  next  session  of 
the  General  As.sembly,  in  which  tlie  power  of  par- 
doning shall  be  vested;  but  he  shall  have  no  power 
to  remit  the  fees  of  the  clerk,  sheriff,  or  Common- 
wealth's attorney,  in  penal  or  criminal  cases.  Ky , 
213. 

— The  power  of  pardoning  offMi.ses,  except  such  as 
persons  may  be  convicted  of  before  the  Senate,  by  an 
impeachment  of  the  House,  shall  be  in  the  Gove  nor, 
by  and  with  the  advice  of  council ;  but  no  charter  or 
pardon  granted  by  the  Governor,  with  advice  of  the 
council,  before  conviction,  shall  avail  the  party  plead- 
ing the  same,  notwithstanding  any  general  or  par- 
ticular expressions  contained  therein,  descri;itive  of 
the  offen.se  or  offenses  intended  to  be  pardoned. 
Mass.,  287. 


— He  shall  have  power,  after  conviction^  to  grant 
reprieves,  commutations  and  pardons,  for  all  crimes 
and  offenses  except  treason  and  cases  of  impeachment, 
upon  such  conditions  as  he  may  think  proper;  sub- 
ject, however,  to  such  regulations  as  to  the  manner 
of  applying  for  pardon  as  may  be  prescribed  by  law. 
Neh.,  374. 

— He  shall  communicate  to  the  Legislature  at  every 
regular  session  each  case  of  reprieve,  commutation  or 
pardon  granted  ;  stating  the  name  and  crime  of  the 
convict,  the  sentence,  its  date  and  the  date  of  the 
commutation,  pardon  or  reprieve,  with  his  reasons 
therefor.     Neb.,  374. 

— The  Governor,  liy  and  with  the  advice  and  consent 
of  the  Senate,  shall  hereafter  exclusively  exercise  the 
pardoning  power,  except  in  cases  of  impeachment, 
to  the  same  extent  as  such  power  is  now  exercised 
by  the  General  As.-<embly.  R.  I.,  481. 
— He  shall  have  power  to  remit  fines  and  penalties 
in  such  cas  's  and  under  such  rules  and  regulations  as 
may  be  prescribed  hy  law;  and,  except  when  the 
pnsecution  has  been  carried  on  by  the  House  of 
Delegates,  or  the  law  shall  otherwise  particularly 
direct,  to  grant  reprieves  and  pardons  after  convic- 
tion, and  to  commute  capital  punishment;  but  he 
shall  communicate  to  the  General  .Assembly,  at  each 
session,  tlie  particulars  of  every  case  of  fine  or  penalty 
remitted,  of  reprieve  ivr  panlon  granted,  and  of  pun- 
ishment commuted,  with  his  reasons  for  remitting, 
granting  or  commuting  the  same.  Va.,  .539. 
— .Vnd,  at  h's  discretion,  to  grant  reprieves  and  par- 
dons to  persons  convicted  of  crimes,  other  than  trea- 
son or  murder,  in  which  he  may  suspend  the  execu- 
tion of  the  sentence,  until  it  shall  be  reported  to  the 
Legislature  at  their  subsequent  meeting ;  and  they 
shall  cither  pardon  or  direct  the  execution  of  the 
criminal,  or  grant  a  further  reprieve.  N.  Y. 
{Mil),  24. 

— The  General  Assembly  shall  have  power,  by  a  vote 
of  two-thirds  of  each  branch,  to  grant  pardons  ia 
cases  of  final  conviction  for  tiea.son,  ami  to  pardon  or 
commute  after  final  conviction  in  capital  cases.  Oa., 
146. 

— The  Govornor  and  Council  shall  have  power  to 
grant  pardons  and  remit  fines,  in  all  cases  whatso- 
ever, e.xcei  t  in  treason  and  murder,  in  which  they 
shall  have  power  to  grant  reprieves,  but  not  to  pardon 
until  alter  the  emi  of  the  next  session  of  Assembly; 
an  1  except  in  cases  of  impeachment,  in  which  there 
shall  be  no  remission  or  mitigation  of  punishment,  but 
by  act  of  legislation.      Va.,  bli. 


88 


1  S  6.  In  case  of  the  impeachment  of  the  Governor,  or  his  removal  from 

2  ofiBc3,  death,  inability  to  discharge  the  powers  and  duties  of  the  said  ofBce, 

3  resignation  or  absence  from  the  State,  the  powers  and  duties  of  the  office  shall 

4  devolve  upon  the  Lieutenant-Governor  for  the  residue  of  the  term,  or  until  the 

5  disability  shall  cease.    But  when  the  Governor  shall,  with  the  consent  of  the 

6  Legislature,  be  out  of  the  State  in  time  of  war,  at  the  head  of  a  military  force 

7  thereof,  he  shall  continue  Commander-in-Chief  of  all  the  militarj'^  force  of  the 


8  State. 

VACANCIES  IN  THE  OFFICE  OF  GOVERNOR. 


— Whenever  the  chair  of  the  G-overnor  shall  become 
vacant  by  reason  of  his  death,  absence  from  the 
State,  or  otherwise,  the  President  of  the  Senate  shall, 
durinjj  such  vacancy,  have  and  exercise  all  tlie  powers 
and  authorities  which,  by  this  Constitution,  the  Gov- 
ernor is  vested  with  when  personally  present;  but 
when  tlie  President  of  the  Senate  shall  exercise  the 
office  of  Governor,  he  shall  not  hold  his  office  in  the 
Senate.     N.  H.,  40(>. 

— And  in  case  of  liis  absence,  or  impeachment,  or 
•when  he  shall  exercise  the  office  of  Governor,  the 
Senate  shall  choose  a  president  pro  tempore.  Ohio, 
436;  Inva.  188. 

— The  Senate  shall  choose  a  President  pro  tempore, 
to  preside  in  case  of  his  absence  or  impeachment,  or 
■when  he  shall  hold  the  office  of  Governor.  Kan..  19S; 
(nearly  similar),  Iiid ,  175;  Neo.,  385;  Min.,  3^4; 
J/rf.,  2.59;  i^a.,  230;  S.  C,  485. 

— If,  by  rea-<on  of  death,  rt^ignafion,  absence  or  other 
cause,  there  be  no  Governor  or  Lieutenant-Governor 
present  to  preside  in  the  Senate,  the  Senate  shall  elect 
one  of  their  own  members  to  preside  durin;?  such 
absence  or  vacancy  ;  and  until  such  election  is  made 
by  the  Senate,  the  Secretary  of  State  shall  preside. 
It.  I,  477. 

— During  a  vacancy  in  the  office  of  Governor,  if  the 
Lieutonant-Governer  die,  resign,  be  impeached,  dis- 
placed, be  incapable  of  performing  the  duties  of  his 
office,  or  absent  from  the  State,  the  President  pro 
tempore  of  the  Senate  shall  act  as  Governor  until  the 
vacancy  be  filled  or  the  disability  cease.  Mich.,  30.5. 
— If  the  Lieutenant-Governor  shall  be  called  upon  to 
administer  the  government,  and  shall,  while  in  such 
administration,  resign,  die  or  be  absent  from  the 
State  during  the  recess  of  the  General  Assembly,  it 
shall  be  the  duly  of  the  Secretary  of  State,  for  the 
time  being,  to  convene  the  Senate  for  the  purpose  of 
choosing  a  Speaker.     Kij.,  214. 

— A  member  of  the  Senate  or  of  the  House  of  Repre- 
sentatives being  chosen,  and  acting  as  Governor  or 
Lieutenant-Governor,  shall  thereupon  vacate  his  sent, 
and  another  person  shall  be  elected  in  his  stead.  S. 
a,  4.S5. 

— In  case  of  the  impeachment  of  the  Governor,  his 
removal  fiora  office,  death,  resignation,  or  absence 
from  the  State,  the  powers  and  duties  of  the  office 
shall  devolve  upon  the  Secretary  of  State,  until  such 
disability  shall  cease,  or  the  vacancy  be  filled.  Neb., 
374. 

— If,  during  the  vacancy  of  the  office  of  Governor, 
the  Secretary  of  State  shall  be  impeached,  displaced, 
resign,  die,  or  be  absent  from  the  State,  the  powers 
and  duties  of  the  office  of  Governor  shall  devolve 
upon  the  President  of  the  Senate,  and  should  a 
vacancy  occur  by  impeachment,  death,  resignation, 
or  absence  from  the  State  of  the  President  of  the 
Senate,  the  Speaker  of  the  House  of  Representatives 
shall  act  as  Governor  till  the  Tacancy  be  tilled.  Neh., 
374.  ' 


— In  case  of  a  vacancy  in  the  office  of  Governor  from 
any  other  cause  than  those  herein  enumenited,  or  in 
case  of  the  death  of  the  Governor  elect,  before  he 
is  qualified  into  office,  the  powers,  duties  and  emolu- 
ments of  the  office  shall  devolve  upon  the  President 
of  the  Senate  or  Speaker  of  the  House  of  Assembly, 
as  above  provided  for;  until  a  new  Governor  be 
elected  and  qualified.  N.  J.,  417;  III,  159. 
— When  the  Government  shall  he  administered  by  the 
Lieutenant-Governor,  or  he  shall  be  unable  to  attend 
as  President  of  the  Senate,  the  Senate  shnll  elect  one 
of  their  members  as  President  pro  tnnpore.  And  if, 
during  the  vacancy  of  the  office  of  Governor,  the 
Lieutenant-Governor  .shall  die,  resign,  refuse  to  serve, 
or  be  removed  from  office,  or  if  he  shall  be  impetaehed, 
or  absent  from  the  State,  the  President  of  the  Senate 
pro  tempore  shall,  in  like  manner,  administer  the  gov- 
ernment, until  he  be  super.seded  by  a  Governor  or 
Lieutenant-Governor.  CI.,  110. 
— Whenever  the  government  shall  be  administered 
by  the  Lieutenant-Governor,  or  he  shall  be  unable  to 
attend  as  Speaker  of  the  Senate,  the  Senators  shall 
elect  one  of  their  own  number  as  Speaker  for  that 
occa.sion ;  and  if,  during  the  vacancy  of  the  office 
of  Governor,  the  Lieutenant-Governor  should  be 
impeached,  removed  from  office,  refuse  to  qualify, 
or  resign,  or  die,  or  be  ab.sent  from  the  Stale,  the 
Speaker  of  the  Senate  siiall,  in  like  manner,  admin- 
ister the  government.  III.,  158;  Ark.,  90;  (nearly 
similar,  N.  Y.  (1777),  30. 

— In  case  of  the  death,  resignation,  or  disability  of 
the  Governor,  the  President  of  the  Senate  shall  exer- 
cise the  executive  powers  of  the  government  until 
such  disability  be  removed,  or  a  successor  is  elected 
and  qualified.  And  in  case  of  the  death,  resignation, 
or  diiiability  of  the  President  of  the  Senate,  the 
Speaker  of  the  House  of  Representatives  shall  exer- 
cise the  executive  power  of  the  government  until  the 
removal  of  the  disability  or  the  election  and  qualifi- 
cation of  a  Governor.  Oa.,  147 ;  (nearly  similar), 
W.   Va.,  552. 

— Whenever  the  government  shall  bo  administered  by 
the  Lieutenant-Governor,  or  he  shall  fail  to  attend  as 
Speaker  ot  the  Senate,  the  Senators  shall  elect  onj 
of  their  own  members  as  Speaker  for  that  occasion. 
And  if,  during  the  vacancy  of  the  office  of  Gover- 
nor, the  Lieutenant-Governor  shall  be  impeached, 
removed  from  office,  refuse  to  qualify,  resign,  die,  or 
be  absent  from  the  State,  the  Speaker  of  the  Senate 
shall,  in  like  manner,  administer  the  government; 
Provided,  That  whenever  a  vacancy  shall  occur  in  the 
office  of  Governor,  before  the  first  two  years  of  the 
term  shall  have  expired,  a  new  election  for  Governor 
shall  take  place,  to  fill  such  vacancy.  Ki/.,  213. 
— When  either  the  President  or  Speaker  of  the  House 
of  Representatives  shall  .so  exercise  said  office,  he 
shall  receive  the  compensation  of  Governor  only,  and 
his  duties  as  Pi-esident  or  Speaker  shall  be  suspended, 
and  the  Senate  or  House  of  representatives,  as  the 
case  may  be,  shall  fill  tlie  vacancy  until  his  duties  as 
Governor  shall  cease.  Miss  ,  341. 
— In  case  of  a  vacancy  during  the  recess  of  the  Sen- 


ate,  in  any  ofBee  which  the  Governor  has  power  to 
fill,  he  shall  appoint  some  suitable  person  to  said 
office,  whose  commission  shall  continue  in  force  till 
the  end  of  the  next  session  of  the  General  Assembly, 
or  till  some  other  person  is  appointed  to  the  same 
office,  whichever  shall  first  occur,  and  the  nomination 
of  the  person  thus  appointed  during  the  recess,  or  of 
some  other  person  in  his  place,  shall  be  made  to  the 
Senate  within  thirty  days  after  the  next  meeting  of 
the  General  Assembly.  MJ,.,  '259. 
— In  case  of  the  removal  of  the  Governor  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge 
the  duties  of  the  office,  the  same  shall  devolve  on  the 
Secretary  of  State;  and  in  case  of  the  removal  from 
office,  death,  resign  ition,  or  inability  both  of  the  Gov- 
ernor and  Secretary  of  State,  the  President  of  the 
Senate  shall  act  as  Governor  until  the  disabihty  be 
removed  or  a  Governor  elected.  Or.,  452. 
— In  case  of  the  impeachment  of  the  Governor,  Iiis 
absence  from  the  State,  or  inability  to  discharge  the 
duties  of  his  office,  the  powers,  d  ities  and  emolu- 
ments of  the  office  shall  devolve  upon  the  Lieutenant- 
Governor;  and  in  ease  of  his  death,  resignation,  or 
removal,  then  upon  the  Speaker  of  the  Senate  for  the 
time  being,  until  the  Governor,  absent  or  impeached, 
shall  return  or  be  acquitted ;  or  until  the  disqualitica- 
tion  or  inability  shall  cea^e ;  or  until  a  new  Governor 
shall  be  elected  and  qualified.  Ill ,  159. 
— If  the  Lieutenant-Governor  shall  be  called  upon  to 
administer  the  government,  and  shall,  while  in  such 
■administration,  resign,  die,  or  be  absent  from  the 
State,  during  the  recess  of  the  General  Asseraljly,  it 
5hall  be  the  duty  of  the  Secretary  of  State  for  the 
time  being,  to  convene  the  Senate  for  the  purpose  of 
choosing  a  Speaker.     Ill,  159. 

— In  case  of  the  removal  of  the  Governor  from  office, 
or  of  his  death,  or  resignation,  the  powers  and  duties 
of  the  office  shall  devolve  upon  the  Speaker  of  the 
Senate;  and  in  case  of  the  death,  removal  from  office, 
or  resignation  of  the  Speaker  of  the  Senate,  the  pow- 
ers and  duties  of  the  office  shall  devolve  on  the 
Speaker  of  the  Hou.se  of  Representatives.  Ten.,  495. 
— Whenever  the  office  of  Governor  shall  become 
vacant  by  death,  resignation,  removal  from  office,  or 
otherwise,  the  President  of  the  Senate  shall  exercise 
the  office  of  Governor  until  another  Governor  shall 
be  duly  qualified;  and  in  case  of  the  death,  resigna- 
tion, removal  from  office,  or  other  disqualification  of 
the  President  of  the  Senate  so  exercising  the  office 
of  Governor,  the  Speaker  of  the  House  of  Repre- 
sentatives shaU  exercise  the  office,  until  the  President 
of  the  Senate  shall  have  been  chosen ;  and  when  the 
office  of  Governor,  President  of  the  Senate,  and 
Speaker  of  the  House  shall  become  vacant,  in  the 
recess  of  the  Senate,  the  person  acting  as  Secretary 
of  State  for  the  time  being,  shall,  by  proclamation 
convene  the  Senate,  that  a  President  may  be  chosen 
to  e.xercise  the  office  of  Governor,  i/iss,  341;  (nearly 
similar),  Me.,  '245;  Ah.,  356;  Tex.,  513;  Del,  120. 
— In  ca^e  of  the  impeachment  of  the  Governor,  his 
removal  from  office,  death,  refusal  to  qualify,  resigna- 
tion, or  absence  from  the  Slate,  the  President  of  the 
Senate  shall  exercise  all  the  power  and  auihority 
appertaining  to  the  office  of  Governor,  until  the  time 
appointed  by  the  Constitution  for  the  election  of 
Governor  shall  arrive  (unless  the  General  Assembly 
shall  provide  by  law  for  the  election  of  a  Governor  to 
fill  such  vacancy),  or  until  the  Governor  who  is  absent 
or  impeached  shall  return  or  be  acquitted;  and  if, 
during  such  vacancy  in  the  office  of  Governor,  the 
President  of  the  Senate  shall  be  impeached,  removed 
from  office,  refuse  to  qualify,  die,  resign,  or  be  absent 
from  the  State,  the  Speaker  of  the  House  of  Repre- 
sentatives shall,  in  hke  manner,  administer  the  govern- 
ment.    Ala.,  79. 

— If  the  trial  of  a  contested  election  shall  continue 
longer  than  until  the  third  Tuesday  of  January  next 
ensuing  the  election  of  a  Governor,  the  Governor  of 
the  last  year,  or  the  Speaker  of  the  Senate,  or  of  the 
House  of  Representatives,  who  may  then  be  in  the 
exercise  of  the  Executive  authority,   shall  continue 


therein  until  a  determination  of  such  contested 
election.  The  Governor  shall  not  be  removed  from 
his  office  for  inability,  but  with  the  concurrence  of 
two-thirds  of  all  the  members  of  each  branch  of  the 
Legislature.     Del,  120. 

— In  case  of  the  death  or  resignation  of  the  Gov- 
ernor, or  his  removal  from  office,  the  Speaker  of  the 
Senate  shall  exercise  the  office  of  Governor  until 
another  Governor  shall  be  duly  qualified  ;  but  in  such 
case  anotlier  Governor  shall  be  chosen  at  the  next 
annual  election  of  Representatives,  unless  such  death, 
resignation  or  removal  shall  occur  within  three  calen- 
dar months  immediately  preceding  such  next  annual 
election,  in  which  case  a  Governor  shall  be  chosen  at 
the  second  succeeding  annual  election  of  Representa- 
tives. And  if  the  trial  of  a  contested  election  shall 
continue  longer  than  until  the  third  Monday  of  Janu- 
ary next  ensuing  the  election  of  Governor,  the  Gov- 
ernor of  the  last  year,  or  the  Speaker  of  the  Senate 
who  may  be  in  the  exercise  of  the  executive  authority, 
shall  continue  therein  until  the  determination  of  such 
contested  election,  and  until  a  Governor  shall  be  duly 
qualified  as  aforesaid.  Pa.,  403. 
— If  the  Lieutenant-Governor,  while  acting  as  Gov- 
ernor, shall  be  impeached,  displaced,  resign  or  die,  or 
otherwise  become  incapable  of  performing  the  duties 
of  the  office,  the  President  pro  tempore  of  the  Senate 
shall  act  as  Governor  until  the  vacancy  is  fihed,  or 
the  disability  removed ;  and  if  the  President  of  the 
Senate,  for  any  of  the  above  causes,  shall  be  rendered 
incapable  of  performing  the  duties  pertaining  to  the 
office  of  Governor,  the  same  shall  devolve  upon  the 
Speaker  of  the  House  of  Representatives.  Iowa,  189. 
— In  case  of  the  death,  resignation  or  removal  from 
office  of  the  Governor,  the  powers,  duties  and  emolu- 
ments of  the  office  shall  devolve  upon  the  President 
of  the  Senate,  and  in  case  of  his  death,  resignation  or 
removal,  then  upon  the  Speaker  of  the  House  of 
Assembly,  for  the  tjnie  being,  until  another  Governor 
shall  be  elected  and  qualified;  but  in  such  case 
another  Governor  shall  be  chosen  at  the  next  elec- 
tion for  members  of  the  State  Legislature,  unless  such 
death,  resignation  or  removal  shall  occur  withi 
thirty  days  immediately  preceding  such  next  election 
in  which  case  a  Governor  shall  be  chosen  at  the  sec-' 
ond  succeeding  election  for  members  of  the  Legisla- 
ture.    N.  J.,  417. 

— And  the  Legislature  shall  provide,  by  general  law, 
declaring  what  officer  shall  act  as  Governor  when- 
ever there  shall  be  a  vacancy  in  both  the  offices  of 
Governor  and  Lieutenant-Governor,  occasioned  by  a 
failure  to  elect,  or  by  the  removal  from  office,  or  by 
the  death,  resignation  or  inability  of  both  Governor 
and  Lieutenant-Governor,  to  exercise  the  powers  and 
discharge  the  duties  of  the  office  of  the  Governor; 
and  such  officer,  so  designated,  shall  exercise  the 
powers  and  discharge  the  duties  appertaining  to  the 
office  of  Governor,  accordingly,  until  the  disabihty 
shall  be  removed,  or  a  Governor  shall  be  elected. 
Vt,  530. 

— In  case  of  the  impeachment  of  the  Governor,  his 
removal  from  office,  death,  refusal  to  qualify,  resig- 
nation, or  absence  from  the  State,  the  Lieutenant- 
Governor  shall  exercise  all  the  power  and  authority 
appertaining  to  the  office  of  Governor,  until  the 
Governor  absent,  or  impeacheil,  shall  return,  or  be 
acquitted,  or  until  the  Governor  next  regularly 
elected  shall  be  duly  qualified,  as  the  case  may  be ; 
and  for  the  time  the  Lieutenant-Governor  shall 
occupy  the  office  of  Governor,  he  shall  receive  the 
same  compensation  as  shall  be  allowed  by  law  to  the 
regularly  elected  Governor.  Fla.,  131. 
— In  case  of  the  impeachment  of  both  the  Governor 
and  Lieutenant-Governor,  their  removal  from  office, 
death,  refusal  to  qualify,  resignation,  or  absence  from 
the  State,  the  Speaker  of  the  House  of  Representa- 
tives shall  in  like  manner  administer  the  Govern- 
ment, unless  the  General  Assembly  shall  otherwise 
provide ;  and  for  the  time  he  shall  occupy  the  office 
of  Governor,  he  shall  receive  the  same  compensation 
as  shall  be  allowed  by  law  to  the  Governor.   Fl,  131. 


23 


90 


1  §  7.  The  Lieutenant-Governor  sliall  possess  the  same  qualifications  of 

2  eligibility  for  office  as  the  Governor.    He  shall  be  the  President  of  the  Senate, 

3  but  shall  only  have  a  casting  vote  therein.    If  during  a  vacancy  of  the  office 

4  of  Governor,  the  Lieutenant-Governor  shall  be  impeached,  displaced,  resign^ 

5  die,  or  become  incapable  of  performing  the  duties  of  his  office,  or  he  be  absent 

6  from  the  State,  the  President  of  the  Senate  shall  act  as  Governor,  until  the 

7  vacancy  shall  be  filled,  or  the  disability  shall  cease. 


— If  the  Lieutenant-Governor,  while  holding  the 
office  of  Governor,  shall  be  impeached  or  displaced, 
or  sliall  resifrn  or  die,  or  otherwise  become  incapable 
of  performing  the  duties  of  the  office,  the  President 
of  the  Senate  shall  act  as  Governor  until  the  vacancy 
is  filled,  or  the  disability  removed  ;  and  if  the  Presi- 
dent of  the  Senate,  for  any  of  the  above  causes,  shall 
be  rendered  incapable  of  performing  the  duties  per- 
taining to  the  office  of  Governor,  the  same  shall 
devolve  upon  the  Speaker  of  the  House  of  Represen- 
tatives.    A'«n.,  198. 

— In  case  of  the  death,  impeachment,  resignation, 
removal,  or  other  disability  of  the  Governor,  tlie 
power  and  duties  of  the  office  for  the  residue  of  the 
term,  or  until  the  disability  shall  be  removed,  shall 
devolve  upon  the  President  of  the  Senate.  Kan., 
198. 

— In  case  of  impeachment  of  the  Governor,  his 
removal  from  office,  death,  refusal  or  inability  to 
qualify,  resignation  or  absence  from  the  State,  the 
powers  and  duties  of  the  office  shall  devolve  upon 
the  Lieutenant-Governor  for  the  residue  of  the  term, 
or  until  the  Governor,  absent  or  impeached,  shall 
return  or  be  acquitted.  The  Legislature  may  provide 
by  law,  for  the  case  of  removal,  impeachment,  death, 
resignation,  disability  or  refusal  to  qualify,  of  both 
the  Governor  and  the  Lieutenant-Governor,  declar- 
ing what  officer  shall  act  as  Governor,  and  such 
officer  shall  act  accordingly,  unlil  the  disability  be 
removed,  or  for  the  remainder  of  the  term.  La.,  230. 
— In  case  of  the  impeachment  of  the  Governor,  his 
removal  from  office,  death,  inability,  resignation,  or 
absence  from  the  State,  the  powers  and  duties  of  the 
office  shall  ievolve  upon  the  Lieutenant-Governor 
for  the  residue  of  the  term,  or  until  the  disability 
ceases.     Mich.,  305  ;  Neii.  385. 

— In  case  of  the  impeachment  of  the  Governor,  his 
absence  from  the  State,  or  inability  to  discharge  the 
duties  of  his  office,  the  powers,  duties,  and  emolu- 
ments of  the  office  shall  devolve  upon  the  President 
of  the  Senate;  and  in  case  of  his  death,  resignation 
or  removal,  then  upon  the  Speaker  of  the  House  of 
Assembly,  for  the  time  being,  until  the  Governor, 
absent  or  impeached,  shall  return  or  be  acquitted,  or 
until  the  disqualification  or  inability  shall  cease,  or 
until  a  new  Governor  be  elected  and  quahfied.  N.  J. 
417. 

— If  tlie  Lieutenant-Governor,  while  executing  the 
office  of  Governor,  shall  be  impeached,  displaced, 
resign  or  die,  or  otherwise  become  incapable  of  per- 
forming the  duties  of  the  office,  the  President  of  the 
Senate  shall  act  as  Governor  until  the  vacancy  is 
filled,  or  the  disability  removed;  and  if  the  President 
of  the  Senate,  for  any  of  the  above  causes,  shall  be 
rendered  incapable  ot  performing  the  duties  pertain- 
ing to  the  office  of  Governor,  the  same  shall  devolve 
upon  the  Speaker  of  the  House  of  Representatives. 
Ohio,  430. 

— If  the  offices  of  Governor  and  Lieutenant-Gov- 
ernor be  both  vacant  by  reason  of  death,  resignation, 
impeachment,  absence  or  otherwise,  the  person  enti- 
tled to  preside  over  the  State  for  the  time  being,  shall 
in  hke  manner  fill  the  office  of  Governor  during  such 
absence  or  vacancy.     R.  I.,  477. 


LIEUTENANT-GOVERNOR  TO  BE  ELECTED. 

— That  a  Lieutenant-Governor  shall,  at  every  election 
of  a  Governor  (and  as  often  as  the  Lieutenant-Gov- 
ernor shall  die,  resign  or  be  removed  from  office),  be 
elected  in  the  same  manner  with  the  Governor,  to 
continue  in  office  until  the  next  election  of  a  Gov- 
ernor; and  such  Lieutenant-Goveinor  shall,  by 
virtue  of  his  office,  be  President  of  the  Senate,  and, 
upon  an  equal  division,  have  a  casting  voice  in  their 
decisions,  but  not  vote  on  any  other  occasion.  And 
in  case  of  the  impeachment  of  the  Governor,  or  his 
removal  from  office,  death,  resignation  or  absence 
from  the  State,  the  Lieutenant-Governor  shall  exer- 
cise all  the  power  and  authority  appertaining  to  the 
office  of  Governor  unlil  another  be  chosen,  or  the 
Governor,  absent  or  impeached,  shall  return  or  be 
acquitted.  Provided,  That  where  the  Governor  shall 
with  the  consent  of  the  Legislature,  be  out  of  the 
State,  in  time  of  war,  at  the  head  of  a  military  force 
thereof,  he  shall  still  continue  in  his  command  of  all 
the  military  forces  of  the  State,  both  by  sea  and  land. 
N.  Y.  (1777),  29. 

— A  Lieutenant-Governor  shall  be  elected  at  the 
same  time  and  for  the  same  term  as  the  Governor, 
and  his  qualification  and  the  manner  of  his  election 
in  all  respects  shall  be  the  same.  Va.,  540 ;  (nearly 
similar),  Cal,  100;  Ct,  114;  Fl.,  130;  J/o.,  256; 
S.  a,  485 ;    lIVs.,  563. 

— A  Lieutenant-Governor  shall  be  chosen  at  every 
election  of  Governor,  in  the  same  manner,  continue 
in  office  for  the  same  time,  and  possess  the  same 
qualifications.  In  voting  for  Governor  and  Lieu- 
tenant-Governor, the  electors  shall  distinguish  whom 
they  vote  for  as  Governor,  and  whom  as  Lieutenant- 
Governor,  in.,  158;  (nearly  "similar).  Ark.,  80; 
Iowa,  187;  Ay.,  213;  Md.,  259;  Term.,  503. 
— The  Lieutenant  Governor  and  President  of  the 
Senate  pro  tempore,  when  performing  the  duties  of 
Governor,  shall  receive  the  same  compensation  as  the 
Governor.     Mich.,  305. 

■ — There  shall  be  annually  elected  a  Lieutenant-Gov- 
ernor of  the  Commonwealth  of  Massachusetts,  whose 
title  shall  be — His  Honor ;  and  who  shall  be  qualified, 
in  point  of  religion,  property  and  residence  in  the 
Commonwealth,  in  the  same  manner  with  the  Gov- 
ernor; and  the  day  and  manner  of  his  election,  and 
the  qualifications  of  the  electors,  shall  be  the  same  as 
are  required  in  the  election  of  a  Governor.  The 
return  of  the  votes  for  this  officer,  and  the  declaration 
of  his  election,  shall  be  in  the  same  manner;  [and  if 
no  one  person  shall  be  found  to  have  a  majority  of  all 
the  votes  returned,  the  vacancy  shall  be  filled  by  the 
Senate  and  House  of  Representatives,  in  the  same 
manner  as  the  Governor  i.-*  to  be  elected,  in  case  no 
one  per.son  shall  have  a  majority  of  the  votes  of  the 
people  to  be  Governor.]  Mass.,  289. 
— There  shall  be  a  Lieutenant-Governor,  who  shall 
hold  his  office  during  four  years.  Ind.,  174. 
—  And  during  the  time  he  administers  the  govern- 
ment, as  Governor,  shall  receive  the  same  compensa- 
tion which  the  Governor  would  have  received,  had 
he  been  employed  in  the  duties  of  his  office.  Ky., 
214;  (nearly  similar),  La.,  230. 


91 


1  S  8.  The  Lieutenant-Governor  shall,  while  acting  as  such,  receive  a  com- 

2  pensation  which  shall  be  fixed  by  law,  and  which  shall  not  be  increased  or 

3  diminished  during  his  continuance  in  office. 


— At  the  annual  meetintrs  of  the  electors,  immediately 
after  the  election  of  Governor,  there  shall  also  be 
chosen,  in  the  same  manner  as  hereinbefore  provided 
for  the  election  of  Governor,  a  Lientenant-Governor 
who  shall  continue  in  office  for  the  same  time,  and 
possess  the  same  qualifications.      Cl.,  110. 


POWERS    AND    DUTIES    OP    LIEUTENANT- 
GOVERNOR. 

— In  case  of  the  impeachment  of  the  Governor,  or 
liis  removal  from  office,  death,  resignation,  or  absence 
from  the  State,  the  powers  and  duties  of  the  office 
shall  devolve  upon  the  Lieutenant-Governor,  for  the 
residue  of  the  term,  or  until  the  Governor  absent  or 
impeached,  shall  return  or  be  acquitted.  But  when 
the  Governor  shall,  with  the  consent  of  the  Legisla- 
ture, be  out  of  the  Slate,  in  time  of  war,  at  the  head 
of  a  military  force  thereof,  he  shall  continue  com- 
mander-in-chief of  all  the  military  force  of  the  State. 
N.  r.  (1821),  38;  Cal.,\0\;  Wis.,  5Gi. 
— Whenever  the  office  of  the  Governor  and  Lieu- 
tenant-Governor shall  be  vacant  by  reason  of  death, 
absence,  or  otherwise,  then  the  Council,  or  the  major 
part  of  them,  shall,  during  such  vacancy,  have  full 
power  and  authority,  to  do  and  execute,  all  and  every 
such  acts,  matters  and  things,  as  the  Governor  or  the 
Lieutenant-Governor  might  or  could,  by  virtue  of 
this  Constitutinn,  do  or  execute,  if  they,  or  either  of 
them,  were  personally  present.  Mass.,  289. 
— In  case  of  the  removal  of  the  Governor  from  office, 
or  of  his  death,  faihu-e  to  qualify,  resignation,  removal 
from  the  State,  or  inability  to  discharge  the  powers 
and  duties  of  the  office,  tlie  said  office,  with  its  com- 
pensation, shall  devolve  upon  the  Lieutenant-Gov- 
ernor; and  the  General  Assembly  shall  provide  by 
law  for  the  discharge  of  the  executive  functions  in 
other  necessary  cases.  Va  ,  .540. 
— Whenever  the  chair  of  the  Governor  shall  be 
vacant,  by  reason  of  his  death,  or  absence  from  the 
Commonwealth,  or  otherwise,  the  Lieutenant-Gov- 
ernor, for  the  time  being,  shall,  during  such  vacancy, 
perform  all  ihe  duties  iucmnbent  upon  the  Governor, 
and  sliall  have  and  exerci.se  all  the  powers  and 
authorities,  which,  by  this  Constitution,  the  Gov- 
ernor is  vested  with,  when  personally  present.  Mass., 
2S9. 

— In  case  of  vacancy  in  the  office  of  Governor,  or  of 
his  inability  to  serve,  impeachment,  or  absence  from 
the  State,  tlie  Lieutenant-Governor  .shall  fill  the 
office  of  Governor  and  exercise  the  powers  and 
authority  appertaining  thereto,  until  a  Governor  is 
qualified  to  act,  or  until  the  office  is  filled  at  the  next 
annual  election.  R.  I.,  ill ;  (nearly  similar),  Ky., 
213; /owa,  188;  OA/o,  436;  Ark.,dO;  C(.,  113;  Tex., 
513. 

— Unless  the  General  Assembly  shall  provide  by  law 
for  the  election  of  Governor  to  fill  such  vacancy. 
Ark.,  90. 

— And  the  General  Assembly  .shall  by  law  provide 
for  the  case  of  removal  from  office,  death,  resigna- 
tion, or  inability,  both  of  the  Governor  and  Lieuten- 
ant-Governor, declaring  what  officer  shall  then  act  as 
Governor  and  .such  officer  .'shall  act  accordingly,  until 
the  disability  be  removed,  or  a  Governor  be  elected. 
Ind..  175. 

— In  case  of  the  impeachment  of  the  Governor,  or 
his  removal  from  office,  death,  resignation,  disqualifi- 
cation, disjibility,  or  removal  from  the  State,  the 
Li  ut^nant-Governor  .shall  succeed  to  his  office, 
and  in  case  of  the  impeachment  of  the  Lieutenant- 
Governor,  or  his  removal  from  office,  death,  resigna- 


tion, disqualification,  disability,  or  removal  from  the 
State,  the  President  pro  tempore  of  the  Senate  shall 
succeed  to  his  office ;  and  when  the  offices  of  the  Gov- 
ernor, Lieutenant-Governor  and  President  pro  tem- 
pore of  the  Senate  shall  become  vacant  in  the  recess 
of  the  Senate,  the  Secretary  of  State,  for  the  time 
being,  shall  by  proclamation,  convene  the  Senate, 
that  a  President  pro  tempore  may  be  chosen  to  exer- 
cise the  office  of  Governor  for  the  unexpired  term. 
S.  C,  485;  (nearly  similar).  Md,,  259. 
—If  the  Lieutenant-Governor  shall  be  required  to 
administer  the  Government,  and  shall  while  in  such 
administration  die  or  resign  during  the  recess  of  the 
General  Assembly,  it  shall  be  the  duty  of  the  Secre- 
tary fur  the  time  being  to  convene  the  Senate  for  the 
purpose  of  choosing  a  President  pro  tempore.  Ct., 
110. 

— The  Lieutenant-Governor,  while  acting  as  Gov- 
ernor, shall  receive  the  same  pay  as  provided  for 
Governor;  and  while  presiding  in  the  Senate  shall 
receive,  as  compensation  therefor  the  same  mileage 
and  double  the  per  diem  pay  provided  for  a  Senator, 
and  none  other.     Iowa,  188. 

The  Lieutenant-Governor  shall  be  President  of  the 
Senate,  but  shall  have  only  a  casting  vote  therein, 
If,  during  a  vacancy  of  the  office  of  Governor,  the 
Lieutenant-Governor  shall  be  impeached,  displaced, 
resign,  die,  or  be  absent  from  the  State,  the  President 
of  the  Senate  shall  act  as  Governor,  until  the  vacancy 
shall  be  filled,  or  the  disability  shall  cease.  Cat., 
100;  N.  Y.  (1821),  38;  Wii.,  5G4. 
— The  Governor,  and  in  his  absence  the  Lieutenant- 
Governor,  shall  preside  in  the  Senate  and  in  grand 
committee.  The  presiding  officer  of  the  Senate  and 
grand  committee,  shall  have  a  right  to  vote  in  case  of 
equal  division,  but  not  otherwi.se.  li.  I.,  ill. 
— He  shall,  by  virtue  of  his  office,  be  Speaker  of  the 
Senate,  have  a  right,  when  in  committee  of  the 
whole,  to  debate  and  vote  on  all  subjects,  and  whea 
the  Senate  are  equally  divided,  to  give  the  casting 
vote.     Ky.,  213. 

— The  Lieutenant-Governor  shall,  by  virtue  of  his 
office,  be  President  of  the  Senate,  and  whenever  the 
Senate  are  equally  divided,  shall  have  the  right  to 
give  the  casting  vote.  Aid.,  259 ;  (nearly  similar) 
Fl.,  130;  Iowa,  188;  Kan.,  198;  La.,  230;  Nev.,  382; 
Ohio,  436;  S.  C,  485. 

— He  shall,  by  virtue  of  his  office,  be  President  of 
the  Senate,  have  a  right,  when  in  committee  of  the 
whole,  to  debate,  and  whenever  the  Senate  are 
equally  divided,  shall  give  the  casting  vote.  Ark, 
90;  (nearly  similar)  Cl.,  110;  III.,  158;  Mick,  305 ; 
Ind.,  176;  Mo.,  356;  Tenn.,  513. 

[.\nd  may  also  vote  in  joint  vote  of  both  Houses.] 
Mo.,  3.56. 

[Allowed  no  vote.]  Va.,  540. 
— The  Lieutenant-Governor,  while  he  acts  as  Presi- 
dent of  the  Senate,  shall  receive  for  his  services  the 
same  compensation  which  shall  for  the  same  period 
be  allowed  to  the  Speaker  of  the  House,  and  no 
more.  Md.,  259 ;  (nearly  similar).  Ark.,  90 ;  III, 
158;  iTi/.,  214;  J/o.,  356 ;  Fa.,  540. 
— The  Lieutenant-Governor  shall  receive  double  the 
per  diem  allowance  of  members  of  the  Senate,  for 
every  day's  attendance  as  President  of  the  Senate, 
and  the  same  mileage  as  shall  be  allowed  to  members 
of  the  Legislature.      IVTs.,  564. 

[Compensation   double   that  of  a  State  Senator]. 
Min.,  324. 

— And  during  the  time  he  administers  the  govern- 
ment, as  Governor,  he  shall  receive  the  same  com- 
pensation which  the  Governor  would  have  received 
liad  he  been  employed  in  the  duties  of  his  office. 
Ark.,  90. 


1  S  9.  Every  bill  which  shall  have  passed  the  Senate  and  Assembly,  shall 

2  before  it  becomes  a  law,  be  presented  to  the  Governor ;  if  he  approve,  he  shall 

3  sign  it ;  but  if  not,  he  shall  return  it  with  his  objections  to  that  House  in  which 

4  it  shall  have  originated,  who  shall  enter  the  objections  at  large  on  their  journal 

5  and  proceed  to  reconsider  it.    If,  after  such  consideration,  two-thirds  of  the 

6  members  present  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the 

7  objections,  to  the  other  House,  by  which  it  shall  likewise  be  reconsidered ;  and 

8  if  approved  by  two-thirds  of  all  the  members  present,  it  shall  become  a  law, 


— The  Lieutenant-Governor  shall  receive  for  his  ser- 
vices a  salary  of  live  thousand  dollars  per  annum,  to 
be  paid  quarterly.     La.,  230. 

—The  Lieutenant-Governor,  while  he  shall  act  as  Presi- 
dent of  the  Senate,  sliall  receive  for  his  services  the 
same  compensation  as  the  Speaker  of  the  House  of 
Representatives ;  and  any  person  acting  as  Governor 
shall  receive  the  compensation  attached  to  the  office 
of  Governor.     Ind.,  17G. 

— The  Lieutenant-Governor  shall  be  President  of  the 
Senate,  except  when  he  shall  exercise  the  office  of 
Governor,  or  when  his  office  shall  be  vacant,  or  in 
his  absence  ;  in  which  cases  the  Senate  shall  appoint 
one  of  its  own  members  to  be  President  of  the  Sen- 
ate pro  tempore.  And  the  President  of  the  Senate 
shall  have  a  casting  vote,  but  no  other.     VI.,  528. 


VETO  POWER. 

[The  New  York  Constitution  of  1846,  followed  the 
language  used  in  1821.  It  is  nearly  like  that  of 
United  States,  but  differs  in  usmg  the  word  "  present," 
in  speaking  of  the  return  of  bills  with  objections. 
The  veto  power  under  the  Constitution  of  1777,  wa.s 
entrusted  to  the  Council  of  Revision,  and  was  as  fol- 
lows :] 

— And  whereas,  laws,  inconsistent  with  the  spirit  of 
this  constitution,  or  with  the  public  good,  may  be 
hastily  and  unadvisedlj'  passed  :  Be  it  ordained,  that 
the  Goven.or,  for  the  time  being,  the  Chancellor,  and 
the  Judges  of  the  Supreme  Court — or  any  two  of 
them,  together  with  the  Governor — shall  be,  and 
hereby  are,  constituted  a  Council,  to  revise  all  bills 
about  to  be  passed  into  laws  by  the  Legislature ;  and 
for  that  purpose  shall  assemble  themselves  from  time 
to  time,  when  the  Legislature  shall  be  convened :  for 
which,  nevertheless,  tliey  shall  not  receive  any  salary 
or  consideration,  under  any  pretense  whatever.  And 
that  all  bills,  which  have  passed  the  Senate  and 
Assembly,  shall,  before  they  become  laws,  be  pre- 
sented to  the  said  Council,  for  their  revisal  and  con- 
sideration :  and  if,  upon  such  revision,  and  considera- 
tion, it  should  appear  improper  to  the  said  Council, 
or  a  majority  of  them,  that  the  said  bill  should  become 
a  law  of  this  State,  that  they  return  the  same,  together 
with  their  objections  thereto  in  writing,  to  tlie  Senate 
or  House  of  Assembly  (in  whichsoever  the  same  shall 
have  originated)  who  sliall  enter  the  objections,  sent 
down  by  the  Council,  at  large  in  their  minutes,  and 
proceed  to  reconsider  the  said  bill.  But  if,  after  such 
reconsideration,  two-thirds  of  the  said  Senate  or 
House  of  Assembly,  shall,  notwithstanding  the  said 
objections,  agree  to  pass  the  same,  it  shall,  together 
with  the  objections,  be  sent  to  the  other  branch  of 
the  Legislature,  where  it  shall  also  be  reconsidered, 
and  if  approved  by  two-thirds  of  the  members 
present,  shall  be  a  law. 

— And  in  order  to  prevent  any  unnecessary  delays, 
be  it  further  ordained,  that  if  any  bill  shall  not  be 
returned  by  the  Council  within  ten  days  after  it  shall 
have  been  presented,  the  same  shall  be  a  law,  unless 


the  Legislature  shall,  by  their  adjournment,  render  a 
return  of  the  said  bill,  within  ten  <lays,  impracticable; 
in  which  case  the  bill  shall  be  returned  on  the  first 
day  of  the  meeting  of  the  Legislature,  after  the  expi- 
ration of  the  said  ten  days.  N.  Y.  (1777),  26. 
— Every  bill,  which  shall  liave  passed  both  Houses  of 
the  General  Assembly,  shall  be  presented  to  the  Gov- 
ernor; if  he  approve,  he  shall  sign  it,  but  if  not,  he 
shall  return  it,  with  his  objections,  to  the  House  in 
which  it  originated,  who  shall  enter  the  objections  at 
large  upon  the  journals,  and  proceed  to  reconsider  it; 
if,  after  such  reconsideration,  a  majority  of  the  whole 
number  elected  to  that  House  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  with  the  objections,  to  the  other 
House,  by  whom  it  shall  likewise  be  reconsidered, 
and  if  approved  by  a  majority  of  the  whole  number 
elected  to  that  House,  it  shall  become  a  law ;  but,  in 
such  cases,  the  votes  of  both  Hou.ses  shall  lie  deter- 
mined by  yeas  and  nays,  and  the  names  of  the  mem- 
bers voting  for  or  against  the  bill  sliall  be  entered  on 
the  journals  of  each  House,  respectively.  If  any  bill 
shall  not  be  returned  by  the  Governor  within  five 
days  (Sundays  excepted),  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it ;  unless  the  General 
Assembly,  by  their  adjournment,  prevent  its  return, 
in  which  case  it  shall  not  be  a  law.  Ala.,  79 ;  N.  J., 
416 ;  Vt.,  529;  (nearly  similar,  except  time  for  return) 
^rfc,  89;  Ct,  110;  III.,  159;  Ind.,  175;  Ky.,  214; 
Miss.,  341;  Mo.,  355;  S.  C,  480. 
— Every  order,  resolution,  or  vote,  to  which  the  con- 
currence of  both  Houses  may  be  necessary  (except  on 
questions  of  adjournment,  and  for  bringing  on  elec- 
tions by  the  two  Houses),  shall  be  presented  to  the 
Governor,  and,  before  it  shall  take  effect,  be  approved 
by  him,  or,  being  disapproved,  shall  be  re-passed  by 
both  Houses,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill.  Ala.,  79;  (nearly  simi- 
lar), Arh,  89;  Fl,  131;  Ga.,  147;  Ky.,  214;  La., 
230;  Minn.,  322;  Miss.,  341;  Mo.,  355;  Pa.,  462; 
Tex.,  514. 

— Every  resolve  shall  be  presented  to  the  Governor, 
and,  before  the  same  shall  take  effect,  shall  be  ap- 
proved by  him ;  or,  being  disapproved  by  him,  shall 
be  re-passed  by  the  Senate  and  House  of  Representa- 
tives, according  to  the  rules  and  limitations  prescribed 
in  the  case  of  a  bill.     N.  II.,  405. 


COUNCIL. 

[A  Council  of  Revision,  consisting  of  Governor, 
Chancellor,  and  Judges  of  the  Supreme  Court,  created 
by  the  N.  Y.  Constitution  of  1777],  26. 

[A  Council  of  Appointment,  consisting  of  the  Gov- 
ernor and  four  Senators,  was  created  by  the  N.  Y. 
Constitution  of  1777],  30,  32,  34. 
— There  shall  be  a  Council,  to  consist  of  seven  per- 
sons, citizens  of  the  United  States,  and  residents  of 
this  State,  to  advise  the  Governor  in  the  executive 
part  of  the  government,  whom  the  Governor  shall 
have  full  power,  at  his  dis'cretion,  'to  assemble ;  and 


93 


9  notwithstanding  the  objections  of  the  Governor.    But  in  all  such  cases,  the 

10  votes  of  both  Houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of 

11  the  members  voting  for  and  against  the  bill  shall  be  entered  on  the  journal  of 

12  each  House  respectively.    If  any  bill  shall  not  be  returned  by  the  Governor 

13  within  ten  days  (Sundays  excepted),  after  it  shall  have  been  presented  to  him, 

14  the  same  shall  be  a  law,  in  like  manner  as  if  he  bad  signed  it,  unless  the  Legis- 

15  lature  shall,  by  their  adjournment,  prevent  its  return ;  in  which  case  it  shall 
IG  not  be  a  law. 


he,  with  the  Counsellors  or  a  majority  of  them,  may, 
from  time  to  time,  hold  and  keep  a  Council,  for  or- 
dering and  directing  the  afl'airs  of  state  according  to 
law.     Me.,  245. 

— The  Counsellors  shall  be  chosen  annually,  on  the 
first  Wednesday  of  January,  by  joint  ballot  of  the 
Senators  and  Representatives  in  Convention;  and 
vacancies  which  shall  afterward  happen  shall  be  filled 
in  the  same  manner;  but  not  more  than  one  Coun- 
sellor shall  be  elected  from  any  district  prescribed  for 
the  election  of  Senators ;  and  they  shall  be  privileged 
from  arrest  in  the  same  manner  as  Senators  and 
Representatives.     Me.,  245. 

— The  resolutions  and  advice  of  Council  shall  be 
recorded  in  a  register,  and  signed  by  the  members 
agreeing  thereto,  which  may  be  called  for  by  either 
House  of  the  Legislature ;  and  any  Counsellor  may  enter 
his  dissent  to  the  resolution  of  the  majority.  Afe.,  245. 
[The  Governor  and  Council  fill  certain  civil  and 
military  offices.]     Me.,  244. 

— Eight  Councillors  shall  be  annually  chosen  by  the 
inhabitants  of  this  Commonwealth,  qualified  to  vote 
for  Governor.  The  election  of  Councillors  shall  be 
determined  by  the  same  rule  that  is  required  in  the 
election  of  Governor.  The  Legislature,  at  its  first 
session  after  this  amendment  shall  have  been  adopted, 
and  at  its  first  session  after  the  next  State  census 
shall  have  been  taken,  and  at  its  first  session  after 
each  decennial  State  census  thereafter  wards,  shall 
divide  the  Commonwealth  into  eight  districts  of  con- 
tiguous territory,  each  containing  a  number  of 
inhabitants  as  nearly  equal  as  practicable,  without 
dividing  any  town  or  ward  of  a  city,  and  each  enti- 
tled to  elect  one  Councillor;  Provided,  however,  That 
if,  at  any  time,  the  Constitution  shall  provide  for  the 
division  of  the  Commonwealth  into  forty  senatorial 
districts,  then  the  Legislature  shall  so  arrange  the 
councillor  districts  that  each  district  shall  consist  of 
five  contiguous  senatorial  districts,  as  they  shall  be, 
from  time  to  time,  established  by  the  Legislature. 
No  person  shall  be  eligible  to  the  office  of  Councillor 
who  has  not  been  an  inhabitant  of  the  Commonwealth 
for  the  term  of  five  years  immediately  preceding  his 
election.  The  day  and  manner  of  election,  the  return 
of  the  votes  and  the  declaration  of  the  said  elections, 
shall  be  the  same  as  are  required  in  the  election  of 
Governor.  Whenever  there  shall  be  a  failure  to  elect 
the  full  number  of  Councillors,  the  vacancies  shall  be 
filled  in  the  same  manner  as  is  required  for  filling 
vacancies  in  the  Senate ;  and  vacancies  occasioned  by 
death,  removal  from  the  State,  or  otherwise,  shidl  be 
filled  in  like  manner,  as  soon  as  may  be  after  such 
vacancies  shall  have  happened.  Mass.,  297. 
— The  Governor,  and  in  his  ab.senoo  the  Lieutenant- 
Governor,  shall  be  President  of  the  Council,  but  shall 
have  no  voice  in  Council,  and  the  Lieutenant-Gov- 
ernor shall  always  be  a  member  of  the  Council, 
except  when  the  chair  of  the  Governor  shall  be 
vacant.     Mass.,  289. 

— The  Councillors  in  the  civil  arrangements  of  the 
Commonwealth,  shall  have  rank  next  after  the  Lieu- 
ten  int-Governor.     Mass.,  289. 

24: 


— The  Governor  shall  have  authority,  from  time  to 
time,  at  his  discretion,  to  assemble  and  call  together 
the  Councillors  of  this  Commonwealth  for  the  time 
being,  and  the  Governor,  with  the  said  Councillors, 
or  five  of  them,  at  least,  shall  and  may,  fiom  time  to 
time,  hold  and  keep  a  Council  for  the  ordering  and 
directing  the  afl'airs  of  the  Commonwealth,  agreeably 
to  the  Constitution  and  the  laws  of  the  land.  Mass., 
287. 

— The  resolutions  and  advice  of  the  Council  shall  be 
recorded  in  a  register  and  signed  by  the  members 
present;  and  this  record  may  be  called  for,  at  any 
time,  by  either  House  of  the  Legislature;  and  any 
member  of  the  Council  may  insert  his  opinion,  con- 
trary to  the  resolution  of  the  majority.  Mass.,  289. 
— In  case  of  a  vacancy  in  the  Council,  from  a  failure 
of  election  or  other  cause,  the  Senate  and  House  of 
Representatives  shall  by  concurrent  vote,  choose 
some  eligible  person  from  the  people  of  the  district 
wherein  such  vacancy  occurs,  to  fill  that  office.  If 
such  vacancy  shall  happen  when  the  Legislature  is 
not  in  session,  the  Governor,  with  the  advice  and 
consent  of  the  Council,  may  fill  the  same  by  the 
appointment  of  some  eligible  person.  Mass.,  300. 
— There  shall  be  annually  elected  by  ballot  five  Coun- 
cillors, for  advising  the  Governor  in  the  executive 
part  of  government.  The  freeholders  and  other 
inhabitants  of  each  county,  qualified  to  vote  for 
Senators,  shall,  some  time  in  the  month  of  March, 
give  in  their  votes  for  one  Councillor;  which  votes 
shall  be  received,  sorted,  counted,  certified  and 
returned  to  the  Secretary's  office,  in  the  same  manner 
as  the  votes  for  Senators,  to  be  by  the  Secretary 
laid  before  the  Senate  and  House  of  Representatives 
on  the  first  Wednesday  of  June.  iV!  JI.,  407. 
— And  the  person  having  a  majority  of  votes  in  any 
county  shall  be  considered  as  duly  elected  a  Coun- 
cillor, but  if  no  person  shall  have  a  majority  of  votes 
in  any  county,  the  Senate  and  House  of  Representa- 
tives shall  take  the  names  of  the  two  persons  who 
have  the  highest  number  of  votes  in  each  county,  and 
not  elected,  and  out  of  those  two  shall  elect  by  joint 
ballot  the  Councillor  wanted  for  such  county;  and 
the  qualifications  for  Councillor  shall  be  the  same  as 
foi  Senators.     N.  H.,  407. 

— If  any  person  thus  chosen  a  Councillor  shall  be 
elected  Governor,  or  member  of  either  branch  of  the 
Legislature,  and  shall  accept  the  trust ;  or  if  any 
person  elected  a  Councillor  shall  refuse  to  accept  the 
office ;  or  in  case  of  death,  resignation,  or  removal  of 
any  Councillor  out  ot  the  State,  the  Governor  may 
issue  a  precept  for  the  election  of  a  new  Councillor 
in  that  county  where  such  vacancy  shall  happen ; 
and  the  choice  shall  be  in  the  same  manner  as  before 
directed  ;  and  the  Governor  shall  have  full  power  and 
authority  to  convene  the  Council,  from  time  to  time, 
at  his  discretion  ;  and  with  them,  or  the  majority  of 
them,  may  and  shall,  from  time  to  time,  hold  a  Coun- 
cil for  ordering  and  directing  the  affairs  of  this  State, 
according  to  the  laws  of  the  land.  N.  H..  407. 
— The  resolutions  and  advice  of  the  Council  shall  be 
recorded  by  the  Secretary  in  a  register,  and  signed 


94 


by  all  the  members  present  agreeing  thereto ;  and 
this  record  may  be  called  for  at  any  time  by  either 
House  of  the  Legislature,  and  any  member  of  the 
Council  may  enter  his  opinion  contrary  to  the  resolu- 
tion of  tlie  majority,  with  the  reasons  for  such  opin- 
ion.    N  n.,  407. 

— The  Legislature  may,  if  the  public  good  shall  here- 
after require  it,  divide  the  State  into  five  districts,  as 
nearly  equal  as  may  be,  governing  themselves  by  the 
number  of  ratable  polls  and  proportion  of  pubic 
taxes ;  each  district  to  elect  a  Councillor ;  and  in  case 
of  such  division,  the  manner  of  the  choice  shall  be 
conformable  to  the  present  mode  of  election  in  coun- 
ties.    N.  H.,  407. 

— And  whereas,  The  elections  appointed  to  be  made 
by  this  Constitution  on  the  first  Wednesday  of  June, 
annually,  by  the  two  Houses  of  the  Legislature,  may 
not  be  completed  on  that  day,  the  said  elections  may 
be  adjourned  from  day  to  day,  until  the  same  be  com- 
pleted. And  the  order  of  tlie  elections  shall  be  as 
follows :  The  vacancies  of  the  Senate,  if  any,  shall  be 
first  filled  up :  the  Governor  shall  then  be  elected, 
provided  there  should  be  no  choice  of  him  by  tlie 
people,  and  afterward  the  two  Houses  shall  proceed 
to  fill  up  the  vacancy,  if  any,  in  the  Council.  N.  II., 
407. 

— That  the  Senate  and  House  of  Commons,  jointly, 
at  their  first  meeting,  after  each  annual  election, 
shall,  by  ballot,  elect  seven  persons  to  be  a  Council 
of  State  for  one  year;  who  shall  advise  the  Governor 
in  the  execution  of  his  office  ;  and  that  four  members 
shall  be  a  quorum;  their  advice  and  proceedings  shall 
be  entered  in  a  journal,  to  be  kept  for  that  purpose 
only,  and  signed  by  the  members  present;  to  any 
part  of  which  any  member  present  may  enter  his 
dissent  And  such  journal  shall  be  laid  before  the 
General  Assembly  when  called  for  by  Uiem.  N.  C, 
424. 

— That  no  member  of  the  Council  of  State  shall  have 
a  seat  either  in  the  Senate  or  House  of  Commons. 
N.  a,  425. 

— The  Supreme  Executive  Council  of  this  State  shall 
consist  of  a  Governor,  Lieutenant-Governor,  and 
twtlve  persons  chosen  in  the  following  manner,  to 
_'wit: —  the  freemen  of  each  town  shall,  on  the  day  of 
election  for  choosing  Representatives  to  attend  the 
General  Assembly,  bring  in  their  votes  for  Governor, 
■with  his  name  fairly  written,  to  the  Constable,  who 
shall  seal  them  up,  and  write  on  them,  "  Votes  for 
Governor,"  and  deliver  them  to  the  Representative 
chosen  to  attend  the  General  Assembly.  And  at  the 
opening  of  the  General  Assembly  there  shall  be  a 
committee  appointed  out  of  the  Coun^Ml  and  Assem- 
bly, who,  after  being  duly  sworn  to  the  faithful  dis- 
charge of  their  trust,  shall  proceed  to  receive,  sort  and 
count  the  votes  for  the  Governor,  and  declare  the 
person  who  has  the  major  part  of  the  votes  to  be 
Governor  for  the  year  ensuing.  And  if  there  be  no 
choice  made,  then  the  Council  and  General  Assembly, 
by  their  joint  ballots,  shall  make  choice  of  a  Gover- 
nor. The  Lieutenant-Governor  and  Treasurer  shall 
be  chosen  in  the  manner  above  directed.  And  each 
freeman  shall  give  in  twelve  votes  for  twelve  Coun- 
cillors in  the  same  manner,  and  the  twelve  highest 
in  nomination  shall  serve  for  the  ensuing  year  as 
Councillors.       Vt.,  523. 

[A  Council  of  Censors,  elected  septenniallv.]     Vf., 
527. 

— [Detailed  powers  granted  to  Governor  and  Coun- 
cil, see  Va.,  5'J4.  Among  them  are  the  following:] 
Tliey  are  to  take  care  that  the  laws  be  faithfully  exe- 
cuted; are  to  expedite  ths  exec  ition  of  such 
measures  as  as  may  be  resolved  upon  by  the  General 
A->sembly  ;  and  they  may  draw  upon  the  treasury  for 
such  sums  as  may  be  appropriated  by  tlie  House  of 
Representatives;  they  may  lay  embargoes,  or  prohibit 
the  exportation  of  any  commodity  for  any  time  not 
exceeding  thirty  days,  in  the  recess  of  the  House 
only.  They  may  grant  such  licenses  as  shall  be 
directed  by  law ;  and  shall  have  power  to  call  together 
the  General  As.sembly,  when  necessary,  before  the 
day  to  which  they  shall  stand  adjourned.    The  Gov- 


ernor or  Lieutenant-Governor  and  the  Council,  shall 
meet  at  the  time  and  place  with  the  General  Assem- 
bly ;  fthe  Lieutenant-Governor  shall,  during  the  pres- 
ence of  the  Commander-in-Chief,  vote  and  act  as  one 
of  the  Council;  and  the  Governor,  and  in  his  absence 
the  Lieutenant-Governor  shall,  by  virtue  of  their 
offices,  preside  in  Council,  and  have  a  ca.sting,  but  no 
other  vote.  Every  member  of  the  Council  shall  be  a 
Justice  of  the  Peace  for  the  whole  State,  by  virtue  of 
his  office.  The  Governor  and  Council  shall  have  a 
Secretary,  and  keep  fair  books  of  their  proceedings, 
wherein  any  Councillor  may  enter  his  dissent,  with 
his  reasons  to  support  it.  And  the  Governor  may 
appoint  a  Secretary  for  himself  and  his  Council.  Va., 
52-1. 

— Every  bill  which  may  have  passed  the  Legislature 
shall,  before  it  becomes  a  law,  be  presented  to  the 
Governor.  If  he  approve  it  he  shall  sign  it,  but  if 
not,  he  shall  return  it  with  his  objections,  to  the 
House  in  which  it  originated,  which  shall  enter  the 
same  upon  the  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  it  again  pass  both 
Houses  by  yeas  and  nays,  by  a  majority  of  two- 
tnirds  of  the  members  of  each  House  present,  it 
shall  become  a  law,  notwithstanding  the  Governor's 
objections.  If  any  bill  shall  not  be  returned  within 
ten  days  after  it  sliall  have  been  presented  to  him 
(Sundays  excepted),  the  same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it,  unless  the  Legislature, 
by  adjournment,  prevent  such  return.  Ca/.,  98; 
(nearly  similar),  Mc/*.,  302;  La.,  2:30;  JVeu,  384;  Or., 
4.53  ;  Pa.,  462  ;  (nearly  .similar  except  in  time,)  Fl, 
131;  Iowa,  185;  1/e.,  243;  Nek,  374;  N.  II.,  405; 
Tex.,  513;    Wis.,  504. 

— The  Governor  shall  have  the  revision  of  all  bills 
passed  by  both  Houses,  before  the  same  shall  become 
laws,  but  two-thirds  of  each  House  may  pass  a  law 
notwithstanding  his  dissont ;  and  if  any  bill  should 
not  be  returned  by  the  Governor  within  five  days 
(Sundays  excepted)  after  it  has  been  presented  to 
him,  the  same  shall  be  law,  unless  the  General 
Assembly  by  their  adjournment,  .shall  prevent  its  re- 
turn. He  may  approve  any  appropriation,  and  dis- 
approve any  otlier  appropriation  in  the  same  bill, 
and  the  latter  shall  not  be  effectual  unless  passed  by 
two-thirds  of  each  House.  Ga  ,  147. 
— If  any  bill  shall  not  be  returned  by  the  Governor 
within  ten  days  (Sundays  excepted),  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law, 
in  hke  manner  as  if  he  had  signed  it,  unless  the  Gen- 
eral Assembly  shall,  by  their  adjournment,  prevent 
its  return,  in  which  case  the  said  bill  shall  be  returned 
on  the  first  day  of  the  meeting  of  the  General  Assem- 
blv,  after  the  expiration  of  said  ten  days,  or  be  a  law. 
///.,  159. 

— If  any  bill  shall  not  be  returned  by  the  Governor 
within  three  days  (Sundays  excepted),  after  it  .shall 
have  been  presented  to  him,  it  shall  be  a  law  without 
his  signature,  unless  the  general  adjournment  shall 
prevent  its  reiurn,  in  which  case  it  shall  be  a  law, 
unless  the  Governor,  within  five  days  next  after  such 
adjournrneni,  shall  file  such  bill,  with  his  objec- 
tions thereto,  in  the  office  of  the  Secretary  of  State, 
who  shall  lay  the  same  before  the  General  Assembly 
at  its  next  session,  in  like  manner  as  if  it  had  been 
returned  by  the  Governor.  But  no  bill  shall  be  pre- 
sented to  the  Governor  within  two  days  next  previous 
to  the  final  adjournment  of  the  General  Assembly. 
I,id.,  175. 

— Any  bill  submitted  to  the  Governor  for  his  approval 
during  the  last  three  days  of  a  session  of  the  General 
Assembly,  shall  be  deposited  by  him  in  the  office  of 
the  Secretary  of  State  within  thirty  days  after  the 
adjournment,  with  his  approval  if  approved  by  him, 
and  with  his  objections  if  he  disapproves  thereof. 
loiva,  185. 

— Every  bill  and  joint  resolution  pa.ssed  by  the  House 
of  Representatives  and  Senate  shall,  within  two  days 
thereafter,  be  signed  by  the  piesiiling  officers  and 
presented  to  the  Governor;  if  he  approve,  he  shall 
sign  it;  but  if  not,  he  shall  return  it  to  the  House  of 
Representatives,  which  shall  enter  the  objections,  at 


95 


large,  upon  its  journal,  and  proceed  to  reconsider  the 
same.  It',  after  such  reconsideration,  two-tliirds  of 
the  members  elected  sliall  agree  to  pass  tlie  bill  or 
resolution,  it  shall  be  sent,  with  the  objections,  to  the 
Senate,  by  which  it  shall  lil<ewise  be  reconsidered ; 
and  if  approved  by  two-thirds  of  all  the  members 
elected,  it  shall  become  a  law.  But  in  all  such  cases 
the  vote  shall  be  taken  by  yeas  and  nays,  and  entered 
upon  the  journals  of  each  House.  If  any  bill  shall 
not  be  returned  within  tliree  days  (Sundays  excepted) 
after  it  shall  have  been  pre.'ienled  to  the  Governor, 
it  shall  become  a  law  in  like  manner  as  if  he  had 
siirned  it,  unless  the  Legislature,  by  its  adjournment, 
prevent  its  return,  in  which  case  it  shall  not  become 
a  law.     Kan.,  199. 

[A  recent  amendment  of  the  Constitution  of  Kan- 
sas allows  bills  to  originate  in  either  House,  and 
modifies  the  section  last  quoted.] 
— No  bill  or  resolve  of  the  Senate  or  House  of  Rep- 
resentatives shall  become  a  law,  and  have  force  as 
such,  until  it  shall  have  been  laid  before  the  Governor 
for  his  revisal ;  and  if  he,  upon  such  revision,  approve 
thereof,  he  shall  signify  his  approbation  by  signing  the 
same.  But  if  he  have  any  objection  to  the  passing 
of  such  bill  or  resolve,  he  shall  return  the  same  to- 
gether with  his  objections  thereto,  in  writing,  to  the 
Senate  or  House  of  Representatives,  in  whichsoever 
the  same  shall  have  originated,  who  shall  enter  the 
objections  sent  down  by  the  Governor,  at  large,  on 
their  records,  and  proceed  to  reconsider  the  said  bill 
or  resolve ;  but  if,  alter  such  reconsideration,  two- 
thirds  of  the  said  Senate  or  House  of  Represensatives 
shall,  notwithstanding  the  said  objections,  agree  to 
pass  the  same,  it  sliall,  together  with  the  objections, 
be  sent  to  the  other  branch  of  the  Legisl.:ture,  where 
it  shall  also  be  reconsidered,  and  if  approved  by  two- 
thirds  of  the  members  present,  shall  have  the  force  of 
law ;  but  in  all  such  cases,  the  vote  of  both  Houses 
shall  be  determined  by  yeas  and  nays ;  and  the  names 
of  the  persons  voting  for  or  against  the  said  bill  or 
resolve  shall  be  entered  upon  the  public  records  of 
the  Commonwealth. 

And  in  order  to  prevent  unnecessary  delays  if  any 
bill  or  resolve  shall  not  be  returned  by  the  Governor 
within  five  days  after  it  shall  have  been  presented, 
the  same  shall  have  the  force  of  law.     Miuts.,  28.3. 

If  any  bill  or  resolve  shall  be  objected  to,  and  not 

approved  by  the  Governor;  and  if  the  General  Court 
shall  adjourn  within  five  days  after  the  same  shall 
have  been  laid  before  the  Governor  for  his  approba- 
tion, and  thereby  prevent  his  returning  it  with'his 
objections,  as  provided  by  the  Constitution,  such  bill 
or  resolve  shall  not  become  a  law,  nor  have  force  as 
such.     Mass.,  294. 

Every  bill  which  shall  have  passed  the  Senate  and 

House. of  Representatives,  in  conformity  to  the  rules 
of  each  House,  and  the  joint  rules  of  the  two  Houses, 
shall,  before  it  becomes  a  law,  be  presented  to  the 
Governor  of  the  State.  If  he  approve,  he  shall  sign 
and  deposit  it  in  the  office  of  the  Secretary  of  State 
for  preservation,  and  notify  the  House  where  it 
originated  of  the  fact.  But  if  not,  he  shall  return  it 
■with  his  objections,  to  the  House  in  which  it  shall  have 
originated,  when  such  objections  shall  be  entered  at 
large  on  the  journal  of  the  same,  and  the  House  shall 
proceed  to  reconsider  the  bill.  If,  after  such  recon- 
sideration, two-thirds  of  that  House  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  thn  objec- 
tions, to  the  other  Hou.«e,  by  which  it  shall  likewise 
be  reconsidered,  and  if  it  be  approved  by  two-thirds 
of  that  House  it  shall  become  a  law.  But  in  all  such 
cases  the  votes  of  both  Houses  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  persons  voting 
for  or  against  the  bill  shall  be  entered  on  the  journal 
of  each  House,  respectively.  If  any  bill  shall  not  be 
returned  by  the  Governor  within  three  days  (Sundays 
excepted),  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  Legislature,  by  adjournment 
within  that  time,  prevent  its  return,  in  which  case  it 
Bhall  not  be  a  law.  The  Governor  may  approve,  sign 
nd  file  in  the  office  of  the  Secretary  of  State,  within 


three  days  after  the  adjournment  of  the  Legislature 
any  act  passed  during  the  three  last  days  of  the  ses- 
sion, the  same  shall  become  a  law.  Min.,  321. 
— The  Governor  shall  have  a  negative  upon  all  laws 
passed  by  the  Legislature,  under  such  rules  and  limi- 
tations as  are  in  this  Constitution  prescribed.  Min 
223.  ' 

— If  any  bill  shall  not  be  returned  by  the  Governor 
within  ten  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  become  a 
law,  in  like  manner  as  if  tlie  Governor  had  signed  it 
unless  the  General  Assembly,  by  its  adjournment, 
shall  prevent  its  return,  in  wliich  case  it  shall  not; 
become  a  law,  unless  the  Governor,  ifter  such 
adjournment,  and  within  ten  days  after  the  bill  was 
presented  to  him  (Sundays  excepted)  shall  sign  and 
deposit  the  .«aine  in  the  office  of  the  Secretary  of 
State;  in  which  case  it  shall  become  a  law,  in  like 
manner  as  if  it  had  been  signed  by  him  during  the 
session  of  the  General  Assembly.  Mo.,  355. 
—  If  any  bill  shall  not  be  returned  within  five  days 
after  it  shall  have  been  presented  to  him  (Sunday 
excepted),  exclusive  of  the  day  on  which  he  received 
it,  the  same  shall  be  a  law  in  like  manner  as  if  he 
had  signed  it,  unless  the  Legislature,  by  its  final 
adjournment,  prevent  such  return,  in  which  case  it 
shall  be  a  law,  unless  the  Governor,  within  ten 
days  next  after  the  adjournment  (Sundays  excepted), 
shall  file  such  bill,  with  his  objections  thereto,  in  the 
office  of  the  Secretary  of  State,  who  shall  lay  the 
same  before  the  Legislature  at  its  next  session,  in  like 
manner  as  if  it  had  been  returned  by  the  Governor  • 
and  if  the  same  shall  receive  the  vote  of  two-thirds 
of  the  members  elected  to  each  branch  of  the  Legis- 
lature, upon  a  vote  taken  by  yeas  and  nays,  to  be 
entered  upon  the  journals  of  each  House,  it  shall 
become  a  law.     Nev.,  384. 

— If  any  bill  shall  not  be  returned  by  the  Governor 
within  five  days,  Sundays  excepted,  after  it  shall  have 
been  presented  to  him,  it  shall  he  a  law  without  his 
signature,  unless  the  general  adjournment  shall  pre- 
vent its  return ;  in  which  case  it  shall  be  a  law, 
unless  the  Governor,  within  five  days  next  after  the 
adjournment,  Sundays  excepted,  shall  file  such  bill, 
with  his  objections  thereto,  in  the  office  of  the  Secre- 
tary of  State,  who  shall  lay  tlie  same  before  the  Leg- 
islative Assembly  at  its  next  sesision,  in  like  manner 
as  if  it  had  been  returned  by  the  Governor.  Or., 
453. 

— If  any  bill  shall  not  be  returned  by  the  Governor 
within  ten  days,  Sunday  excepted,  after  it  shall  have 
been  presented  to  him,  it  shall  be  a  law  in  like  man- 
ner as  if  he  had  signed  it,  unless  the  General  Assem- 
bly, by  their  adjournment  prevented  its  return,  in 
which  case  it  shall  be  a  law,  unless  sent  back  within 
three  days  after  their  next  meeting.  Pa.,  4G2. 
— And,  that  time  may  be  always  allowed  the  Gov- 
ernor to  consider  bills  passed  by  the  General  Assem- 
bly, neither  House  shall  read  any  bill  on  the  last  day 
of  its  session,  except  such  bills  as  have  been  returned 
by  the  Governor  as  herein  provided.  <S  C,  48(j. 
— Every  bill  presented  to  the  Governor  one  day  pre- 
vious to  the  adjournment  of  the  Legislature,  and  not 
returned  to  the  House  in  which  it  originated  before 
its  adjournment,  shall  become  a  law,  and  have  the 
same  force  and  effect  as  if  signed  by  the  Governor. 
The  Governor  may  approve  any  appropriation,  and 
disapprove  any  other  appropriation  in  the  same  bill. 
In  such  case,  he  shall,  in  signing  the  bill  designate 
the  appropriations  disapproved,  and  shall  return  a 
copy  of  such  appropriations,  with  his  objections  to 
the  House  in  which  the  bill  shall  have  originated  ; 
and  the  same  proceedings  shall  then  he  had  as  in  the 
case  of  other  bills  disapproved  by  the  Governor; 
but  if  the  Legislature  has  adjourned  before  the  bill  is 
returned  to  the  House,  he  shall  return  the  &ime  to 
the  Secretary  of  State,  with  his  objections,  and  also 
to  the  next  session  of  the  Legislature.  Tex.,  513. 
— To  the  end  that  laws,  before  they  are  enacted, 
may  be  more  maturely  considered,  and  the  incon- 
venience of  hasty  det(;rminations  as  much  as  pos.sible 
prevented,  all  bills  which  originate  in  the  Assembly, 


d6 


shall  be  laid  before  the  Governor  and  Council,  for 
their  revision  and  concurrence,  or  proposals  of 
amendment,  wlio  shall  return  the  same  to  the  Assem- 
bly, with  their  proposals  of  amendment,  if  any,  in 
writing ;  and  if  the  same  are  not  agreed  to  by  the 
Assembly,  it  shall  be  in  the  power  of  the  Governor 
and  Council  to  suspend  the  passing  of  such  bills 
until  the  next  session  of  the  Legislature ;  Provided, 
That  if  the  Governor  and  Council  shall  neglect  or 
rehise  to  return  any  such  bill  to  the  Assembly,  with 
written  proposals  of  amendment,  within  five  days, 
or  before  the  rising  of  the  Legislature,  the  same  shall 
become  a  law.]     VI.,  525. 

[The  Constitutions  of  Ohio,  Rhode  Island,  Tennes- 
see. Virginia,  and  West  Virginia  give  no  veto  power 
to  the  executive.] 

Summary  of  votes  required  to  pais  bills  over  veto. 
Majority  of  whole  number  elected  :  ^1/a.,  79  ;  Ark, 
89;  Ind.,  175;  Ky.,  214;  Mo.,  355;  N.  J.,  416;  S. 
a,  486. 

Majority  of  members:     /fl.,  159;    R,  529. 

Majority  of  two-thirds  present :  Cal,  98  ;  ife., 
243;  Mass.,  283;  Neb.,  374;  Or.,  453;  Tex.,  513; 
Wis.,  564. 

Majority  of  two-thirds  voting  :      Ct.,  110. 

Majority  of  two-thirds  of  members:  U.  S.,  11; 
Jowa,  185;  Mitt.,  321  ;  Miss.,  341;  N.  R,  405;  Pa., 
462. 

Majority  of  two-thirds  of  members  elected  :  Kan., 
199 ;  La.,  230 ;  Mich.,  302 ;  Nev.,  384. 

Summary  of  time  allowed  for  return  of  bills.  Two 
days:     5.  C,  486. 

Three  days:  Ark,  80 ;  C«.,  110;  Ind.,  175;  Iowa, 
185;  Kan.,  199;  Min,  321  ;  Neb.,  374;    Wis.,  .564. 

Five  days  :  Ala.,  79  ;  Fla.,  131 ;  Me.,  243  ;  Miss., 
283,294;  iVev.,  384;  N.H.  ^06;  N.J.,U6;  Or., 
453 ;   Tex.,  513  ;    VI.,  529. 

Six  days  :  Miss.,  341. 

Ten  days:  U.  S.,  11;  Cal,  98;  //?.,  159;  Ky., 
217  ;  La.,  230 ;  Mich.,  302 ;  Mo.,  355 ;  Pa.,  462. 


THE  GREAT  SEAL,  AND  ITS  USES. 

— There  shall  be  a  seal  of  this  State,  which  shall  be 
kept  by  the  Governor,  and  used  by  him  officially. 
Ark,  89. 

— That  there  shall  be  a  seal  of  this  State,  which  shall 
be  kept  by  the  Governor,  and  used  by  him  as  occa- 
sion may  require,  and  shall  be  called  "  the  great  seal 
of  the  State  of  North  Carolina,"  and  shall  be  affixed 
to  all  grants  and  commissions.  N.  C,  424. 
— There  shall  be  a  seal  of  this  State,  which  shall  be 
kept  by  the  Governor,  and  >ised  by  him  officially, 
and  shall  be  called  "  the  great  seal  of  the  State." 
Tenn.,  495;  (nearly  similar,)  Cat,  100;  Ind.,  181; 
Iowa,  189;  .Kara.,  198;  Ms.s.,  341 ;  A%6.,  374;  Nev., 
385;  N.  J.; ^20;  Ohio,  433;  Or.,  4.59. 
— There  shall  be  a  seal  of  the  State,  which  shall  be 
kept  by  the  Secretary  of  State,  and  be  used  by  him 
officialUy,  and  shall  be  called  by  him  the  great  seal  of 
the  State  of  Minnesota,  and  shall  be  attached  to  all 
official  acts  of  the  Governor  (his  signature  to  acts  and 
resolves  of  the  Legislature  excepted,)  requiring 
authentication.  The  Legislature  shall  provide  for  an 
appropriate  device  and  motto  for  said  seal.  Min., 
329. 

— The  great  seal  of  the  State  shall  be  deposited  in 
the  office  of  the  Secretary  of  State,  and  shall  not  be 
affixed  to  any  instrument  of  writing,  but  by  order  of 
the  Governor  or  General  Assembly,  and  that  used 
previously  to  the  year  1861,  shall  be  the  great  seal  of 
the  State.    .  Ga.,  148. 

— The  State  Seal  last  heretofore  used  (until  altered 
by  the  General  Assembly),  shall  continue  to  be  the 
Great  Seal  of  the  State,  and  shall  be  kept  by  the 
Governor  for  the  time  being,  and  used  by  him  offic- 
ially.    Fl,  131. 

— There  shall  be  a  great  seal  of  the  State,  which  shall 
be  kept  and  used  by  the  Governor  officially ;  and 


the  seal  now  in  use  shall  continue  to  be  the   great 

seal   of   the   State,   until   another   shall  have   been 

adopted  by  the  General  Asseml")ly.     Ala.,  79. 

— There  shall  be  a  seal  of  the  State,  which  shall  be 

kept  by  the  Governor,  and  used  by  him  officially,  the 

said  seal  shall  be  a  star  of  five  points  encircled  by  an 

olive  and  live  oak  branches,  and  the  words  "  The 

State  of  Texas."     Tex.,  513. 

— The  Secretary  of  State  shall  be  the  custodian  of 

the  seal  of  State,  and  shall  authenticate  therewitli  all 

official  acts  of  the  Governor,  his  approbation  of  laws 

excepted.     The  said  seal  shall   be  called  the  ''great 

seal  of  the  State  of  M  ssouri ;"  and   the  emblems  and 

devices  thereof  heretofore  prescribed  by  law  shall  not 

be  subject  to  change.     Mo.,  356. 

— .\11  commissions  shall  be  in  the  name  of  the  State, 

shall  be  sealed  with  the  great  seal,  and  be  signed  and 

tested  by  the  Governor.     Del,  119. 

• — That  all  commissions  and  grants  shall  run  in  the 

name  of  the  State  of  North  Carolina,  and  bear  test, 

and  be  signed  by  the  Governor.     N.  C,  426. 

— All  grants  and  commissions  shall  be  in  the  name 

and  by  the  authority  of  the  State  of ,  be  sealed 

with  the  State  seal,  and  signed  by  the  Governor. 
Tenn.,  4;  (nearly  similar,)  La.,  231;  Pa.,  466; 
S  (7.,487. 

— All  Commissions  shall  be  in  the  name  and  by  the 
authority  of  the  State  ;  shall  be  sealed  with  the  great 
seal  of  the  State,  signed  by  the  Governor,  and  attested 
by  the  Secretary  of  State.  Ala.,  81  ;  (nearly  simi- 
lar,) Ark,  89;  Cal,  100;  Ct.,  110;  Fla.,  131;  III, 
159;  Iowa,  189;-  Kan.,  198;  Mich.,  305;  Mw ,  341; 
iVei,  379;  Nev.,'i8h;  OAw,  43(i;  Or,  459  ;  r«x.,  513. 
— Ail  communications  shall  be  in  the  name  and  by 
authority  of  the  State  of  Rhode  Island  and  Provi- 
dence Planiatiiins;  shall'  be  sealed  with  the  State 
seal,  signed  by  the  Governor,  and  attested  by  the 
Secretary.     R.  I,  477. 

— All  Commissions  shall  be  in  the  name  of  the  Com- 
monwealth, signed  by  the  Governor,  and  attested  by 
the  Secretary  or  his  deputy,  and  have  the  great  seal 
of  the  Commonwealth  affixed  thereto.  Mass.,  293; 
(nearly  similar,)  A'".  H.,  409. 

— Commissions  and  grants  shall  run  in  the  name  of 
the  Commonwealth  of  Virginia,  and  be  attested  by 
the  Governor,  with  the  seal  of  the  Commonwealth 
annexed.      Va.,  540. 

— All  commissions  shall  be  in  the  name  of  the  State, 
signed  by  the  Governor,  attested  by  the  Secretary  or 
his  deputy,  and  have  the  seal  of  the  State  thereto 
affixed.     Me.,  247. 

— All  official  acts  of  the  Governor,  his  approval  of  the 
laws  execepted,  shall  be  authenticated  by  the  great 
seal  of  the  State,  which  shall  be  kept  by  the  Secretary 
of  State.     Mich.,  305. 

— The  Governor  shall  commisssion  all  officers  not 
otherwise  provided  by  law.  All  commi.ssions  shall 
run  in  the  name  and  by  the  authority  of  the  State  of 
,  be  sealed  by  the  State  seal,  signed  by  the  Gov- 
ernor, and  attested  by  the  Secretary  of  State.  Mo., 
357.  • 

— All  public  commissions  and  grants  shall  run  thus: 
"The  State  of  Maryland,"  &c.,  and  shall  be  signed 
by  the  Governor,  with  the  seal  of  tlie  State  annexed; 
all  writs  and  process  shall  run  to  the  same  style,  and 
be  tested,  sealed  and  signed  as  usual;  and  all  indict- 
ments shall  conclude  "  against  the  peace,  government 
and  dignity  of  the  State."  Md.,  267. 
— All  commissions  shall  be  in  the  name  of  the  free- 
men of  the  State  of  Vermont,  sealed  with  the  State 
seal,  signed  by  the  Governor,  and  in  his  absence,  the 
Lieutenant-Governor,  and  attested  by  the  Secretary; 
which  seal  shall  be  kept  by  the  Governor.  Vl.,  526. 
— It  shall  be  the  duty  of  the  Legislature  to  provide  a 
great  seal  for  the  State,  which  shall  be  kept  by  the 
Secretary  of  State ;  and  all  official  acts  of  the  Gov- 
ernor, his  approbation  of  the  laws  excepted,  shall  be 
thereby  authenticated.  Wis.,  571. 
— .\11  grants  and  commissions  shall  be  in  the  name 
and  by  the  authority  of  the  State  of  New  Jersey 
sealed  with  the  great  seal,  signed  by  the  Governor  o 
person  administering  the  government,  and  counter 


97 
ARTICLE  V. 

1  Sectiox  1.  The  Secretary  of  State,  Comptroller,  Treasurer  and  Attorney- 

2  General,  shall  be  chosen  at  a  general  election,  and  shall  hold  their  oflSces  for 

3  two  years.    Each  of  the  officers  in  this  article  named  (excei)t  the  Si)eaker  of 

4  the  Assembly),  shall  at  stated  times,  during  his  continuance  in  office,  receive 
6  for  his  services  a  compensation,  which  shall  not  be  increased  or  diminished 

6  during  the  term  for  which  he  shall  have  been  elected;  nor  shall  he  receive,  to 

7  his  use,  any  fees  or  perquisites  of  office,  or  other  compensation. 


signed  by  the  Secretary  of  State,  and  shall  run  "  The 

State  of  New  Jersey  to ,  greeting."     N.  J., 

420. 

— The  Governor  shall  use  his  priyate  seal  until  a  State 
seal  is  provided.     Kan.,  207. 

— He  sliall  commission  all  officers  of  the  State.    S.  C, 
485. 

— All  civil  officers  elected  or  appointed  pursuant  to 
the  provisions  of  this  Constituiion,  shall  be  commis- 
sioned by  the  Governor.  N.  J.,  419. 
— And  the  Governor  shall  issue  commissions  to  the 
Auditor,  Register,  Treasurer,  President  of  the  Board 
of  Internal  Improvement,  SuperintOident  of  Public 
Instruction,  and  such  other  officers  as  he  may  be  di- 
rected by  law  to  commission,  as  soon  as  he  has  ascer- 
tained the  result  of  the  election  of  those  officers  re- 
spectively.    Ky.,  221. 


STATE  OFFICERS. 

— The  Secretary  of  State,  Comptroller,  Treasurer, 
Attorney-General,  Surveyor-General  and  Commis- 
sary-General shall  be  appointed  as  follows:  The 
Senate  and  Assembly  shall  each  openly  nominate  one 
person  for  the  said  offices  respectively ;  after  which 
they  shall  meet  together,  and  if  they  shall  agree  in 
their  nominations,  the  person  so  nominated  shall  be 
appointed  to  tlie  office  for  which  he  shall  be  nomi- 
nated. If  they  shall  disagree,  the  appointment  shall 
be  made  by  the  joint  ballot  of  the  Senators  and 
members  of  Assembly.  The  Treasurer  shall  be  chosen 
annually.  The  Secretary  of  State,  Comptroller, 
Attorney-General,  Surveyor-General  and  Commis- 
sary-General sliall  hold  their  offices  for  three  years, 
unless  sooner  removed  by  concurrent  resolution  of 
the  Senate  and  A.ssembly.  N.  Y.  (1821),  39. 
— A  Secretary  of  State,  a  Comptroller  of  Public 
Accounts,  and  a  State  Treasurer,  shall  be  elected  by  a 
joint  vote  of  both  Houses  of  the  General  Assembly, 
each  of  whom  shall  continue  in  office  during  the  term 
of  two  years,  shall  perform  all  the  duties  that  may 
be  required  of  him  by  law,  and  receive  such  compen- 
sation as  may  be  by  law  provided.  Ala.,  81. 
— There  shall  be  elected  a  Secretary  of  State  by  the 
quahfied  voters  of  the  State,  who  shall  continue  in 
office  during  the  term  of  four  years,  and  until  his 
successor  in  office  be  duly  qualified ;  he  shall  keep  a 
fair  register  of  all  official  acts  and  proceedings  of  the 
Governor,  and  shall,  when  required,  lay  the  same,  and 
all  papers,  minutes  and  vouchers  relative  thereto, 
before  the  General  Assembly,  and  shall  perform  such 
other  duties  as  may  be  required  by  law.  Ark,  89 ; 
Fl.,13l. 

— A  Secretary  of  State,  a  Comptroller,  a  Treasurer, 
an  Attorney  General,  and  a  Surveyor  General,  shall 
be  elected  at  the  same  time  and  places,  and  in  the 
same  manner  as  the  Governor  and  Lieutenant-Gov- 
ernor, and  whose  term  of  office  [four  years]  shall  be 
the  same  as  the  Governor.  Cal,  (amendment  of 
1862.) 

25 


— The  Secretary  of  State  shall  keep  a  fair  record  of 
the  official  acts  of  the  legislative  and  executive 
departments  of  the  Government,  and  shall,  when 
required,  lay  the  same,  and  all  matters  relative 
thereto,  before  either  branch  of  the  Legislature,  and 
shall  perform  such  other  duties  as  shall  be  assigned 
him  by  law;  and  that  no  inconvenience  may  result 
to  the  public  service  from  the  taking  eSect  of  the 
amendments  proposed  to  said  Art.  V.,  by  the  Legis- 
lature of  18<;l,  no  officer  shall  be  superseded  or  sus- 
pended thereby,  until  the  election  and  qualification 
of  the  several  officers  provided  for  in  said  amend- 
ments. CaL,  (amendment  of  1862.) 
— The  Comptroller,  Treasurer,  Attorney-General  and 
Surveyor-General  shall  be  chosen  by  joint  vote  of 
the  two  Houses  of  the  Legislature,  at  their  first  ses- 
sion under  this  Constitution,  and  thereafter  shall  be 
elected  at  the  same  time  and  places,  and  in  the  same 
manner  as  the  Governor  and  Lieutenant-Governor. 
Cal.  (Amendment  of  1862.). 

— A  Secretary  shall  be  chosen  next  after  the  Treas- 
urer, and  in  tlie  same  manner ;  and  the  votes  for  Sec- 
retary shall  be  returned  to,  and  counted,  canvassed 
and  declared  by  the  Treasurer  and  Comptroller.  He 
shall  have  the  safe  keeping  and  custody  of  the  pubho 
records  and  documents,  and  particulai-ly  the  acts,  reso- 
lutions and  orders  of  the  General  Assembly,  and  re- 
cord the  same ;  and  perform  all  such  duties  as  shall 
be  prescribed  by  law.  He  shall  be  the  keeper  of  the 
seal  of  the  Slate,  wliich  shall  not  be  altered.  Cl., 
111,114. 

— A  Secretary  shall  be  appointed  and  commissioned 
during  the  Governor's  continuance  in  office,  if  he 
shall  so  long  behave  himself  well.  He  shall  keep  a 
fair  register  of  all  the  official  acts  and  proceedings  of 
the  Governor,  and  .shall,  when  required  by  either 
branch  of  the  Legislature,  lay  the  same,  and  all 
papers,  minutes,  and  vouchers,  relative  thereto,  before 
them,  and  shall  perform  such  other  duties  as  shall  be 
enjoined  on  him  by  law.  He  shall  have  a  compensa- 
tion for  his  services  to  be  fixed  by  law.  Del.,  120. 
— Tliere  shall  be  a  Secretary  of  State,  a  Comptroller- 
General,  a  Treasurer,  and  Surveyor-General,  elected 
by  the  General  Assembly,  and  they  shall  hold  their 
offices  for  the  like  period  as  the  Governor,  and  shall 
have  a  competent  salary,  which  shall  not  be  increased 
or  diminished  during  tlie  period  for  which  they  shall 
have  been  elected.  The  General  Assembly  may  at 
any  time  consolidate  any  two  of  these  offices,  and 
require  all  the  duties  to  be  discharged  by  one  officer. 
Oa.,  148. 

— There  shall  be  elected  by  the  qualified  electors  of 
this  State,  at  the  same  time  of  the  election  for  Gov- 
ernor, a  Secretary  of  State,  whose  term  of  office  shall 
be  the  same  as  that  of  the  Governor,  who  shall  keep  a 
fair  register  of  the  official  acts  of  the  Governor,  and, 
when  required,  shall  lay  the  same,  and  all  papers, 
minutes  and  vouchers,  relative  thereto,  before  either 
branch  of  the  General  Assembly,  and  sliall  perform 
such  other  duties  as  shall  be  assigned  him  by  law, 
and  shall  receive  a  salary  of  eight  hundred  dollars 
per  annum,  and  no  more,  except  fees;   Provided, 


98 


That  if  the  office  of  Secretary  of  State  should  be 
vacated  by  death,  resignation,  or  otherwise,  it  sliall 
be  the  duly  of  the  Governor  to  appoint  anotiier,  who 
shall  hold  his  office  until  another  Secretary  shall  be 
elected  and  quahfied.  Ill,  159. 
—  There  shall  be  elected  by  the  voters  of  the  State,  a 
Secretary,  an  Auditor,  and  a  Treasurer  of  State, 
■who  shall  severally  hold  their  offices  for  two  years. 
They  shall  perform  such  duties  as  may  be  enjoined 
by  law ;  and  no  person  shall  be  eligible  to  either  of 
said  offices  more  than  four  years  in  any  period  of  six 
years.     Irtd.,  176. 

— The  Governor  and  the  Secretary,  Auditor  and  .Treas- 
urer of  State,  shall,  severally  reside,  and  keep  the 
public  records,  books  and  papers  in  any  manner 
relating  to  their  respective  offices,  at  the  seat  of 
government     Ind.,  176. 

— The  Secretary  of  State,  Auditor  of  State,  and 
Treasurer  of  State,  shall  be  elected  by  the  qualified 
electors,  who  shall  contmue  in  office  two  years,  and 
until  their  successors  are  elected  and  qualified ;  and 
perform  such  duties  as  may  be  required  by  law.  Iowa, 
189. 

— The  Executive  Department  shall  consist  of  a  Gov- 
ernor, Lieutenant-Governor,  Secretary  of  State,  Audi- 
tor. Treasurer,  Attorney-General,  and  Superintendent 
of  Public  Instruction,  who  shall  be  chosen  by  the 
electors  of  the  State,  at  the  time  and  place  of  voting 
for  members  of  the  Legislature,  and  shall  hold  their 
offices  for  the  term  of  two  years  from  the  second 
Monday  of  January,  next  alter  their  election,  and 
until  their  successors  are  elected  and  qualified.  Kan., 
197. 

— Should  either  the  Secretary  of  State,  Auditor, 
Treasurer,  Attorney-General,  or  Superintendent  of 
Public  Instruction,  become  incapable  of  performing 
the  duties  of  his  office  for  any  of  ihe  causes  specified 
in  the  thirteenth  section  of  this  article,  the  Governor 
shall  fill  the  vacancy  until  the  disability  is  removed, 
or  a  successor  is  elected  and  qualified.  Every  such 
vacancy  shall  be  filled  by  election  at  the  first  general 
election  that  occurs  more  than  thirty  days  after  it  shall 
have  happened ;  and  the  person  chosen  shall  hold 
the  office  for  the  unexpired  term.  Kan.,  198. 
— The  Governor  shall  nominate,  and  by  and  with  the 
advice  and  consent  of  the  Senate,  appoint  a  Secretary 
of  State,  who  shall  be  commissioned  during  the  terra 
for  which  the  Governor  was  elected,  if  he  shall  so 
long  behave  himself  well.  He  shall  keep  a  fair'  reg- 
ister, and  attest  all  the  official  acts  of  the  Governor, 
and  shall,  when  required,  lay  the  same,  and  all  papers, 
minutes  and  vouchers  relative  thereto,  before  either 
HouiC  of  the  General  Assembly ;  and  shall  perform 
such  other  duties  as  may  be  required  of  him  by  law. 
Ky.,  214. 

— The  General  Assembly  shall  direct  by  law,  how 
persons  who  now  are,  or  who  may  hereafter  become 
securities  for  public  officers,  may  be  relieved  or  dis- 
charged on  account  of  such  securityship.  Ky.,  220. 
— There  shall  be  a  Secretary  of  State,  who  sjiall  hold 
his  office  during  the  term  for  which  the  Governor 
shall  have  been  elected.  The  records  of  the  State 
shall  be  kept  and  preserved  in  the  office  of  the  Sec- 
retary ;  he  shall  keep  a  fair  register  of  the  official  acts 
and  proceedings  of  the  Governor,  and  when  necessary 
shall  attest  them ;  he  shall,  when  required,  lay  the 
said  register,  and  all  papers,  minutes  and  vouchers 
relative  to  his  office  before  either  House  of  the  Gen- 
eral Assembly,  and  shall  perform  such  other  duties  as 
may  be  enjoined  on  him  by  law.  La.,  231. 
— The  Secretary  of  State,  Trea.surer  of  State  and 
Auditor  of  Public  Accounts,  shall  be  elected  by  the 
qualified  electors  of  the  State ;  and  in  case  of  any 
vacancy  caused  by  the  resignation,  death  or  absence 
of  the  Secretary,  Treasurer  or  Auditor,  the  Governor 
shall  order  an  election  to  fill  said  vacancy.  La.,  231. 
— The  Secretary  of  State,  the  Treasurer  and  the 
Auditor  shall  receive  a  salary  of  five  thousand  dollars 
per  annum  each.     La.,  231. 

—The  General  Assembly  shall  have  the  right  of  abol- 
ishing the  office  of  State  Engineer,  by  a  majority  vote 
of  all  the  members  elected  to  each  branch,  and  of 


substituting  a  Board  of  Public  Works  in  lieu  thereof, 
should  they  deem  it  necessary.  La.,  236. 
— The  Secretary  of  State  shall  be  chosen  annually,  at 
the  first  session  of  the  Legislature,  by  joint  ballot  of 
the  Senators  and  Representatives  in  Convention. 
Me.,  245. 

— The  records  of  the  State  shall  be  kept  in  the  office 
of  the  Secretary,  wl.o  may  appoint  his  d<'puties,  for 
whose  conduct  he  shall  be  accountalile.  Me.,  215. 
—He  shall  attend  the  Governor  and  Council,  Si-nate 
and  House  of  Representatives,  in  person,  or  by  his 
deputies,  as  they  sliall  resipectively  require.  J/e.,245. 
— He  shall  carefully  keep  and  preserve  the  records  of 
all  the  official  acts  and  proceedings  of  the  Governor 
and  Council,  Senate  and  House  of  Representatives, 
and  when  required,  lay  the  same  before  either  branch 
of  the  Legislature,  and  perform  such  other  duties  as 
are  enjoined  by  this  Constitution,  or  sliall  be  required 
by  law.     Me.,  240. 

— A  Secretary  of  State  shall  be  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  who  sliall  continue  in  office,  unless  sooner 
removed  by  the  Governor,  till  the  end  of  the  official 
term  of  tlie  Governor  from  whom  he  received  his 
appointment,  and  shall  receive  an  annual  salary  of 
one  thousand  dollars.  Md.,  2(i0. 
— The  Secretary  of  State  shall  carefully  keep  and  pre- 
serve a  record  of  all  official  acts  and  proceedings 
which  may  at  all  times  be  inspected  by  a  committee 
of  eiilier  branch  of  the  General  Assembly,  and  shall 
perform  such  other  duties  as  are  now  or  may  here- 
after be  prescribed  by  law,  or  as  may  properly  belong 
to  his  office.     MU.,  260. 

— The  Secretary,  'I'leasurer,  and  Receiver-General, 
Auditor,  and  Attorney-General,  shall  be  chosen 
annually,  on  the  day  in  November  prescribed  for  the 
choice  of  Governor;  and  each  person  then  cliosen  as 
such,  duly  qualified  in  other  respects,  shall  hold  his 
office  for  the  term  of  one  3'ear  fiom  the  third  Wednes- 
day in  January  next  thereafter,  and  until  another  is 
chosen  and  qualified  in  his  stead.  The  qualification 
of  the  voters,  the  manner  of  the  election,  the  return 
of  the  votes,  and  the  declaration  of  the  election,  shall 
be  such  as  are  required  in  ihe  election  of  Governor. 
In  case  of  a  failure  to  elect  either  of  said  officers  on 
the  day  of  November  aforesaid,  or  in  case  of  the 
decease,  in  the  meantime,  of  the  person  elected  as 
such,  such  officer  shall  be  chosen  on  or  before  the 
third  Wednesday  in  January  next  thereafter,  from 
the  two  persons  who  had  the  highest  number  of  votes 
for  said  offices  on  the  day  in  Noveiribi-r  aforesaid,  by 
joint  ballot  of  the  Senators  and  Representatives  in 
one  room  ;  and  in  case  the  office  of  Secretiry,  or 
Treasurer  and  Receiver-General,  or  Auditor,  or 
Attorney-General  shall  become  vacant,  from  any 
cause,  during  an  annual  or  special  session  of  the 
General  Court,  such  vacancy  shall  in  like  manner  be 
filled  by  choice  from  the  people  at  large ;  but  if  such 
vacancy  shall  occur  at  any  other  time,  it  sliall  be 
supplied  by  the  Governor  lay  appointment,  with  the 
advice  and  consent  of  the  Council.  The  person  so 
chosen  or  appointed,  duly  qualified  in  other  respects, 
shall  hold  his  office  until  his  successor  is  chosen  an  1 
duly  qualified  in  his  stead.  In  case  any  jierson  chosen 
or  appointed  to  either  of  the  offices  aforesaid,  shall 
neglect,  for  the  space  of  ten  days  after  he  could  other- 
wise enter  upon  his  duties,  to  qualify  himself  in  all 
respects  to  enter  upon  the  discharge  of  such  duties, 
the  office  to  which  he  has  been  elected  or  apiioiiited 
shall  be  deemed  vacant  No  person  shall  be  eligible 
to  either  of  said  offices  unless  he  shall  have  been  an 
inhabitant  of  this  Commonwealth  five  years  next 
preceding  his  election  or  appointment  Mass,  292. 
— The  records  of  the  Commonwealth  shall  be  kept  in 
the  office  of  the  Secretary,  who  may  appoint  his  dep- 
uties, for  who.se  conduct  he  shall  be  accountable ;  and 
he  shall  attend  the  Governor  and  Council,  the  Senate 
and  House  of  Representatives  in  person,  or  by  his 
deputies,  as  they  shall  respectively  require.  Ma.is.,  298. 
— There  shall  be  elected  at  each  general  biennial  elec- 
tion a  Secretary  of  State,  a  Superintendent  of  Public 
Instruction,  a  State  Treasurer,  a  Commissioner  of  the 


99 


Land  Office,  an  Auditor-General,  and  an  Attorney- 
General,  for  the  term  of  two  years.  They  shall  keep 
their  offices  at  the  seat  of  government,  and  shall 
perform  such  duties  as  may  be  prescribed  by  law. 
Mkh.,  308. 

— Their  term  of  office  shall  commence  on  the  first  day 
of  January,  one  thousand  eiglit  hundred  and  fifty- 
three,  and  of  every  second  year  thereafter.  Mich.,  308. 
-The  Secretary  of  State,  State  Treasurer,  and  Com- 
missioner of  the  State  Land  Office  shall  constitute  a 
Board  of  State  Auditors  to  examine  and  adjust  aU 
claims  against  the  State,  not  otherwise  provided  for 
by  general  law.  They  shall  constitute  a  Board  of 
State  Canvassers  to  determine  the  result  of  all  elec- 
tions for  Governor,  Lieutenant-Governor,  and  State 
officers,  and  of  such  other  officers  as  shall  by  law  be 
referred  to  them.     Mich.,  308. 

— The  E.xecutive  Department  shall  consist  of  a  Gov- 
ernor, Lieutenant-Governor,  Secretary  of  State,  Au- 
ditor, Treasurer,  and  Attorney-General,  who  shall  be 
chosen  by  the  electors  of  the  State.  Min.,  323. 
— The  official  term  of  the  Secretary  of  State,  Treasu- 
rer, and  Attorney-General  shall  be  two  years.  The 
official  term  of  the  Auditor  shall  be  three  years,  and 
each  shall  continue  in  office  until  his  successor  shall 
have  been  elected  and  qualified.  Min.,  323. 
— The  salary  of  the  Secretary  of  State  for  the  finst 
term  shall  be  fifteen  hundred  dollars  per  annum.  The 
Auditor,  Treasurer,  and  Attorney-General  shall  each, 
for  the  first  term,  receive  a  salary  of  one  thousand  dol- 
lars per  annum.  And  the  further  duties  and  salaries 
of  said  executive  officers  shall  each  thereafter  be  pre- 
scribed by  law.     jl/m.,  323. 

— The  Governor  shall  have  power  to  fill  any  vacancy 
that  may  occur  in  the  office  of  Secretary  of  State, 
Treasurer,  Auditor,  Attorney-General,  and  such  other 
State  and  district  officers  as  may  be  hereafter  created 
by  law,  until  the  next  annual  election,  and  until  their 
successors  are  chosen  and  qualified.  Min.,  323. 
— The  Secretary  of  State  shall  be  elected  by  the 
qualified  electors  of  the  State,  and  shall  continue  in 
office  during  the  term  of  two  years.  He  shall  keep 
a  fair  register  of  all  the  official  acts  and  proceedings 
of  the  Governor,  and  shall,  when  required,  lay  the 
same,  and  all  papers,  minutes,  and  vouchers  relative 
thereto,  before  the  Legislature,  and  shall  perform 
such  other  duties  as  may  be  required  of  him  by  law. 
Miss.,  341. 

— A  State  Treasurer  and  Auditor  of  Public  Accounts 
shall  be  elected  by  the  qualified  electors  of  the  State, 
who  shall  hold  their  offices  for  the  term  of  two  years, 
unless  sooner  removed.  Miss.,  342. 
— The  official  term  of  Secretary  of  State,  Auditor 
of  Public  accounts,  State  Treasurer  and  Attorney- 
General  shall  commence  on  the  first  Monday  of 
Jaiuiary  next  after  tlieir  election  ;  but  the  Attorney- 
General  shall  hold  his  office  as  heretofore,  for  the 
term  of  four  years.  On  the  first  Monday  of  Octo- 
ber, 1858,  and  biennially  thereafter,  an  election  shall 
be  lield  for  all  county,  district  and  ministerial  officers, 
except  officers  who  may  then  be  entitled  to  hold 
over  after  January,  1859,  or  until  the  time  of  holding 
another  election,  and  the  official  terms  of  all  such  offi- 
cers then  and  thereafter  elected  shall  commence  on 
the  first  Monday  of  January  next  after  this  election  ; 
but  all  such  othcers  elected  in  1855,  or  previously, 
wliose  official  terms,  in  the  absence  of  this  provision, 
would  expire  in  November,  1857,  sliall  continue  in 
office  until  the  first  Monday  of  January,  1859.  Miss., 
344. 

—There  shall  be  a  Secretary  of  State,  a  State 
Auditor,  a  State  Treasurer,  and  an  Attorney-Gene- 
ral, wlio  shall  be  elected  by  the  qualified  voters  of 
the  State,  at  the  same  time  in  the  same  manner,  and 
for  the  same  term  of  office  as  the  Governor.  No 
per.son  shall  be  eligible  to  either  of  said  offices,  unless 
he  be  a  white  male  citizen  of  the  United  States,  and 
at  least  twenty-five  years  old,  and  shall  have  resided 
in  this  State  five  years  next  before  his  election.  The 
Secretary  of  State,  the  State  Auditor,  the  State 
Treasurer,  and  the  Attorney-General,  shall  keep  their 
respective  offices  at  the  seat  of  government,  and  shall 


perform  such  duties  as  may  be  required  of  them  by 
law.     Mo.,  356. 

— The  Secretary  of  State  shall  keep  a  register  of  the 
official  acts  of  the  Governor,  and  when  necessary, 
shall  attest  them,  and  shall  lay  copies  of  the  same, 
together  with  copies  of  all  papers  relating  thereto, 
before  either  House  of  the  General  Assembly,  when- 
ever required  to  do  so.  Mo.,  356. 
— Contested  elections  of  Secretary  of  State,  State 
Auditor,  State  Treasurer,  and  Attorney-General, 
shall  be  decided  before  such  tribunal,  and  in  such 
manner  as  may  be  by  law  provided.  Mo.,  356. 
— The  Secretary,  Auditor  and  Treasurer  of  State, 
shall  severally  perform  such  duties  as  shall  be  pre- 
scribed by  law.     Neb.,  374. 

— The  Secretary  of  State  and  Treasurer  shall  hold 
their  offices  for  two  years,  and  the  Auditor  for  four 
years.  Their  terms  of  office  shall  commence  on  the 
second  Monday  of  January  next  after  their  election 
and  continue  until  their  successors  are  elected  and 
qualified.     Neb.,  373. 

— The  Secretary  of  State  shall  receive  during  his  con- 
tinuance in  office  an  annual  compensation  of  si^c  hun- 
dred dollars ;  the  State  Treasurer,  four  hundred  dol- 
lars; and  the  State  Auditor,  eight  hundred  dollars. 
Neb..  374. 

— A  Secretary  of  State,  a  Treasurer,  a  Controller,  a 
Surveyor-General,  and  an  Attorney-General  shall  be 
elected  at  the  same  time  and  places,  and  in  the  same 
manner  as  the  Governor.  The  term  of  office  of  each 
shall  be  the  same  as  is  prescribed  for  the  Governor. 
Any  elector  shall  be  eligible  to  either  of  said  offices. 
Nev.,  385. 

— The  Secretary  of  State  shall  keep  true  records  of 
the  official  acts  of  the  Legislature  and  Executive 
Department  of  the  government,  and  shall,  when 
required,  lay  the  same,  and  all  matters  relative  thereof, 
before  either  branch  of  the  Legislature.  Nev.,  385. 
— The  Secretary  of  State,  State  Treasurer,  State  Con- 
troller, Surveyor-General,  Attorney-General,  and 
Superintendent  of  Public  Instruction,  shall  perform 
suoh  other  duties  as  may  be  prescribed  by  law.  Nev., 
38G. 

— Thj  salary  of  the  Secretary  of  State  shall  be  three 
thousand  six  hundred  dollars  per  annum  ;  the  salary 
of  the  State  Controller  shall  be  three  thousand  six 
hundred  dollars  per  annum  the;  salary  of  the  State 
Treasurer  shall  be  three  thousand  six  hundred  dollars 
per  annum ;  the  salary  of  the  Surveyor-General  shall 
be  one  thousand  dollars  per  annum ;  the  salary  of  the 
Attorney-General  shall  be  two  thousand  five  hundred 
dollars  per  annum ;  the  salary  of  the  Superintendent  of 
Public  Instruction  shall  be  two  thousand  dollars  per 
annum;  the  salary  of  each  Judge  of  the  Supreme 
Court  shall  be  seven  thousand  dollars  per  annum ; 
the  salaries  of  the  foregoing  officers  shall  be  paid 
quarterly  out  of  the  State  treasury.  The  pay  of 
State  Senators  and  members  of  Assembly  shall  be 
eight  dollars  per  day  for  each  day  of  actual  service, 
and  forty  cents  per  mile  for  mileage  going  to  and 
returning  from  the  place  of  meeting.  No  officer 
mentioned  in  this  section  shall  receive  any  fee  or 
perquisites  to  his  own  use,  for  the  performance  of  any 
duty  connected  with  his  office,  or  for  the  perform- 
ance of  any  additional  duty  imposed  upon  him  by 
law.     New.,  393. 

— The  Secretary,  Treasurer  and  Commissary-General 
shall  be  chosen  by  joint  ballot  of  the  Senators  and 
Representatives,  assembled  in  one  room.  N.  U.,  408. 
— The  records  of  the  State  shall  be  kept  in  the  office 
of  the  Secretary ;  and  he  shall  attend  tlie  Governor 
and  Conned,  the  Senate  and  Representatives,  in  per- 
son or  by  Deputy,  as  they  may  require.  N.  H.,  408. 
— The  Secretary  of  State  shall  at  all  times  have  a 
Deputy,  to  be  by  him  appointed  ;  for  whose  conduct 
in  office  he  shall  be  responsible ;  and  in  case  of  the 
death,  removal,  or  inability  of  the  Secretary,  his 
Deputy  shall  exercise  all  the  duties  of  the  office  of 
Secretary  of  State,  until  another  shall  be  appointed. 
N  H.,  408. 

— The  Secretary,  before  he  enters  upon  the  business  of 
his  office,  shall  give  bond,  with  sufficient  sureties,  in 


100 


a  reasonable  sura,  for  the  use  of  the  State,  for  the 
punctual  perforiiance  of  his  trust.     N.  II.,  408. 
— The  State  Trea.><urer  and  the  Keeper  and  Inspect- 
ors of  the  State  prison  shall   be   appointed  by   the 
Senate  and  General  Assembly,  in  joint-meeting.  ■ 

They  shall  hold  the  offices  for  one  year,  and  until 
their  successor  shall  be  qualified  into  office.  N.  J., 
419. 

— The  Secretary  of  State  shall  be  ex  officio  an  auditor 
of  the  accounts  of  the  Treasurer,  and,  as  such,  it 
shall  be  his  duty  to  assist  the  Legislature  in  the 
annual  examination  and  settlement  of  said  accounts, 
until  otherwise  provided  by  law.  jV.  J.,  419. 
— The  Secretary  of  State  shall  be  the  Register  of  the 
Prerogative  Court,  and  shall  perform  tlio  duties 
required  of  him  by  law  in  that  respect..  N.  J.,  418. 
— The  Secretary  of  State  shall  bo  the  Clerk  of  the 
Court  of  Errors  and  Appeals.  N'.  J.,  417. 
— That  the  General  As,scmbly  .shall,  by  joint  ballot  of 
both  Houses  trienniallj-,  appoint  a  Secretary  for  this 
State.     X.  a,  425. 

— That  no  Secretary  of  this  State,  Attorney-General, 
or  Clerk  of  any  Court  of  Record  shall  have  a  seat  in 
the  Senate,  House  of  Commons,  or  Council  of  State. 
N.  a,  425. 

— The  Executive  Department  shall  consist  of  a  Gov- 
ernor, {iieutenant-Governor,  Secretary  of  State,  Au- 
ditor, Tre:isurer,  and  an  Attorney-General,  who  shall 
be  chosen  by  the  electors  of  the  State,  on  the  second 
Tuesday  of  October,  and  at  the  places  of  voting  for 
members  of  the  General  Assembly. 
— The  Governor,  Lieutenant-Governor,  Secretary  of 
State,  Treasurer  and  Attorney-General  shall  hold 
their  offices  for  two  years;  and  the  Auditor  for  four 
years.  Their  terms  of  office  shall  commence  on  the 
second  Monday  of  January  next  after  their  election, 
and  continue  until  their  successors  are  elected  and 
qualified.     Ohio,  435. 

— There  may  be  established  in  the  Secretary  of 
State's  Office,  a  Bureau  of  Statistics,  under  such  regu- 
lations as  may  be  prescribed  by  law.  0/iio,  444. 
— Should  the  office  of  Auditor,  Treasurer,  Secretary, 
or  Attorney-General,  become  vacant,  for  any  of  the 
causes  specified  in  the  filleenth  section  of  this  article, 
the  Governor  shall  fill  the  vacancy  until  the  disability 
is  removed,  or  a  successor  elected  and  qualified. 
Every  such  vacancy  shall  be  filled  by  election,  at  the 
first  general  election  that  occurs  more  than  thirty 
days  after  it  shall  have  happened ;  and  the  person 
chosen  shall  hold  the  office  for  the  full  term  fixed  in 
the  second  section  of  this  article.  Ohio,  436, 
— There  shall  be  elected  by  the  qualified  electors  of 
the  State,  at  the  times  and  places  of  choosing  mem- 
bers of  the  Legi.slalive  Assembly,  a  Secretary  and 
Treasurer  of  State,  who  shall  severally  hold  their 
offices  for  the  term  of  four  years;  but  no  person  shall 
be  eligible  to  either  of  said  offices  more  than  eight  in 
any  period  of  twelve  years.  Or.,  453. 
— The  Secretary  of  State  shall  keep  a  fair  record  of 
the  official  acts  of  the  Legislative  As.sembly  and  Exec- 
utive Department  of  the  State,  and  shall,  when 
required,  lay  the  same  and  all  matters  relative  thereto 
before  either  branch  of  the  Legislative  Assembly. 
He  shall  be,  by  virtue  of  his  office,  Auditor  of  Public 
Accounts,  and  shall  perform  such  other  duties  as  shall 
be  assigned  him  by  law.  Or.,  453. 
— The  Governor  sliall  appoint  a  Secretary  of  the 
Commonwealth  during  plea.sure.  Pa.,  463. 
— The  Secretary  of  the  Commonwealth  shall  keep  a 
fair  register  of  all  the  official  acts  and  proceedings  of 
the  Governor,  and  shall,  when  required,  lay  the  same, 
and  all  papers,  minutes  and  vouchers  relative  thereto, 
before  either  branch  of  the  Legislature,  and  shall  per- 
form such  other  duties  as  shall  be  enjoined  him  by 
law.     Pa.,  464. 

[The  Secretary  of  State,  Attorney-General  and 
General  Treasurer  (fleeted  annually.]  li.  I,  478. 
— In  case  an  election  of  the  Secretary  of  State, 
Attorney-General,  or  General  Treasurer,  sho\ild  fail 
to  be  made  by  the  electors  at  the  annual  election,  the 
vacancy  or  vacancies  shall  be  filled  by  the  General 
Assembly  in  grand  committee,  from  the  two  candi- 


dates for  such  office  having  the  greatest  number  of 
votes  of  the  electors.  Or,  in  case  of  a  vacancy  in 
either  of  said  offices  from  other  cause.'^,  between  the 
sessions  of  the  General  Assembly,  the  Governor  shall 
appoint  some  person  to  fill  the  same  until  a  successor, 
elected  by  the  General  Assembly,  is  qualified  to  act; 
and  in  such  case,  and  also  in  all  other  cases  of  vacan- 
cies not  otherwi.se  provided  lor  the  General  As.sembly 
may  fill  the  same  in  any  manner  they  may  deem 
pjoper.     P.  I.,  478. 

— The  Secretary  of  State  shall,  by  virtue  of  his  office, 
be  Secretary  of  the  Senate,  unless  otherwise  provided 
by  law ;  and  the  Senate  may  elect  such  other  officers 
as  they  may  deem  necessary.  R.  1 ,  477. 
— Tiie  duties  and  powers  of  the  Secretary,  Attorney- 
General,  and  General  Treasurer,  shall  be  the  same 
unier  the  Constitution  as  are  now  established,  or  as 
from  time  to  time  may  be  prescribed  by  law.  R.  /, 
477. 

— The  Treasurer  and  the  Secretary  of  State  shall  be 
elected  by  tlie  General  Assembly  in  the  House  of 
Representatives,  shall  hold  their  offices  for  four  years, 
and  sliall  not  be  eligible  for  the  next  succeeding  term. 
S.  a,  487. 

— The  Secretary  of  State  shall  hold  his  office  and 
reside  at  the  seat  of  government.  S.  C,  488. 
— A  Secretary  of  State  shall  be  appointed  by  joint 
vote  of  the  General  As.sembly,  and  commissioned 
during  the  term  of  four  years;  he  shall  keep  a  liiir 
register  of  all  the  official  acts  and  proceedings  of  the 
Governor,  and  shall,  when  required,  lay  the  same, 
and  all  papers,  minutes,  and  vouchers  ri  1  itive  tliereto, 
before  the  General  Assembly,  and  shall  perform  such 
other  duties  as  shall  be  enjoined  by  law.  Tenn.,  495. 
— Tliere  sliall  be  a  Secretary  of  State,  who  shall  be 
appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate,  and  shall  continue  in  office 
during  the  term  of  service  of  the  Governor  elect.  He 
shall  keep  a  fair  register  of  all  official  acts  and  pro- 
ceedings of  the  Governor,  and  shall,  when  required, 
lay  tlie  same,  and  all  ]iapers,  minutes  and  vouchers 
relative  thereto,  before  the  Legislature,  or  either 
House  thereof,  and  shall  perform  such  other  duties  as 
may  be  required  of  liim  by  law.  Tex.,  513. 
— The  Secretary  of  State  and  all  officers  whose  elec- 
tions are  not  otherwise  provided  for,  and  who,  under 
the  existing  provisions  of  the  Constitution,  are  elected 
by  the  Council  and  House  of  Representatives,  shall 
hereafter  be  elected  by  the  Senate  and  House  of  Rep- 
resentatives, in  joint  assembly,  at  which  the  presiding 
officer  of  the  Senate  shall  preside,  and  such  presiding 
officer,  in  such  joint  assembly,  shall  have  a  casting 
vote,  and  no  other.      Vt.,  529. 

— A  Secretary  of  the  Commonwealth,  Treasurer  and 
an  Auditor  of  Public  Accounts  shall  be  elected  by  the 
joint  vole  of  the  two  Houses  of  the  General  Assembly, 
and  continue  in  office  for  the  term  of  two  years, 
unless  sooner  removed.  Va.,  540. 
— The  Secretary  shall  keep  a  record  of  the  official 
acts  of  the  Governor,  which  shall  be  signed  by  the 
Governor  and  attested  by  the  Secretary  ;  and  when 
required,  he  shall  lay  the  same,  and  any  papers, 
minutes  and  vouchers  pertaining  to  his  office,  before 
either  House  of  the  General  Assembly ;  and  shall 
perform  such  other  duties  as  may  be  prescribed  by 
law.      Va.,  540. 

— A  Secretary  of  State,  a  Treasurer  and  an  Auditor 
shall  be  elected  at  the  same  time  and  for  the  same 
term  as  the  Governor.  Their  duties  shall  be  pre- 
scribed by  law.  The  Secretary  of  State  shall  receive 
thirteen  hundred,  the  Treasurer  fourteen  hundred, 
and  the  Auditor  fifleen  hundred  dollars  per  annum. 
W.  Va..  552. 

— There  shall  be  chosen  by  the  qualified  electors  of 
the  State,  at  the  times  and  places  of  choosing  the 
members  of  the  Legislature,  a  Secretary  of  State, 
Treasurer,  and  an  Attorney-General,  who  shall  sever- 
ally liold  their  offices  for  the  term  of  two  years. 
Wis.,  565. 

— The  Secretary  of  State  shall  keep  a  fair  record  of 
the  official  acts  of  the  Legislature  and  executive 
department  of  the  Slate,  and  shafi,  when  required, 


101 


lay  the  same  and  all  matters  relative  thereto  before 
either  branch  of  the  Legislature.  He  sliall  be  ex 
officio  Auditor,  and  shall  perform  such  other  duties  as 
shall  be  assigned  him  by  law.  He  shall  receive  as  a 
compensation  for  his  services,  yearly,  such  sum  as 
shall  be  provided  by  law,  and  shall  keep  his  office  at 
the  seat  of  government.  Wit.,  563. 
— The  powers,  duties,  and  compensation  of  the  Treas- 
urer and  Attorney-General  shall  be  prescribed  by 
law.      Wis,  5U5. 


FINANCIAL  OFFICERS  OF  THE  STATE. 

— The  Treasurer  of  this  Stale  shall  be  appointed  by 
act  of  tlie  Legislature,  to  originate  with  the  Assem- 
bly. Provided.  That  he  shall  not  i)e  elected  out  of 
either  branch  of  the  Legislature.     N.  F.  (1777),  30. 

[The  Comptroller  and  Treasurer  under  the  Consti- 
tution of  1821  were  appointed  by  the  Legislature. 
The  mo  ie  prescribed  in  Art.  IV,  §  G,  p.  39.] 

[A  Comptroller  of  Public  Accounts  and  State  Treas- 
urer, elected  by  joint  ballot  of  both  Houses  for  a  term 
of  two  years].     Ala.,  81. 

— There  shall  be  elected,  by  the  qualified  voters  of 
this  State,  an  Auditor  and  Treasurer  for  this  State, 
who  shall  hold  their  offices  for  the  terra  of  two  years, 
and  until  their  respective  successors  are  elected  and 
qualified,  unless  sooner  removed;  and  .shall  keep 
their  respective  offices  at  the  seat  of  government,  and 
perform  such  duties  as  shall  be  prescribed  by  law; 
and  in  case  of  vacancy  by  death,  resignation,  or 
otherwise,  such  vacancy  shall  be  filled  by  the  Gover- 
nor as  in  other  cases.  Ark.,  90. 
— A  Secretary  of  State,  a  Comptroller,  a  Treasurer, 
an  Attorney-General,  and  Surveyor-General,  shall  be 
chosen  in  the  manner  provided  in  this  Constitution ; 
and  tlie  term  of  office  and  eligibility  of  each  shall  be 
the  same  as  are  prescribed  for  the  Governor  and 
Lieutenant-Governor.  Cat,  101. 
— A  Comptroller  of  Public  Accounts  shall  bo  annually 
chosen  by  the  electors,  in  their  meeting  in  April,  and 
in  the  same  manner  as  the  Treasurer  and  Secretary 
are  chosen,  and  the  votes  for  Comptroller  shall  be 
returned  to  and  counted,  canvassed  and  declared  by 
the  Treasurer  and  Secretary.  Ct.,  115. 
— The  State  Treasurer  shall  be  appointed  biennially 
by  the  House  of  Representatives,  with  the  concur- 
rence of  the  Senate.  In  case  of  vacancy  in  the  office 
of  State  Treasurer  in  the  recess  of  the  General 
Assembly,  either  through  omission  of  the  General 
Assembly  to  appoint,  or  by  death,  removal  out  of  the 
State,  resignation,  or  inability  of  State  Treasurer,  or 
his  fiiilure  to  give  security,  the  Governor  shall  fill 
the  vacancy  by  appointment,  to  continue  until  the 
ne.xt  meeting  of  the  General  Assembly.  The  State 
Treasurer  shall  settle  his  accounts  annually  with  the 
General  Assembly,  or  a  Committee  thereof,  which 
shall  be  appointed  at  every  biennial  session.  No 
person  who  hath  served  in  the  office  of  State  Treas- 
urer shall  be  eligible  to  a  seat  in  either  House  of  the 
General  Assembly  until  he  shall  have  made  a  final 
settlement  of  his  accounts  as  Treasurer,  and  discharged 
the  balance,  if  any,  due  thereon.  Del,  119. 
— A  State  Treasurer  and  Comptroller  of  Public 
Accounts  shall  be  elected  by  the  qualified  electors  of 
tlie  State  at  the  same  time,  and  who  shall  continue 
in  office  for  the  same  term  of  years  as  the  Governor 
of  the  State,  and  until  their  successors  shall  have 
been  duly  commissioned  and  qualified.  FL,  132. 
— There  shall  be  chosen,  by  the  qualified  electors 
throughout  the  State,  an  Auditor  of  Public  Accounts, 
who  sliall  hold  his  office  for  the  terra  of  four  years, 
and  until  his  successor  is  qualified,  and  whose  duty 
shall  be  regulated  by  law,  and  who  shall  receive  a 
salary,  exchisive  of  clerk  hire,  of  one  thousand  dol- 
lars per  annum  for  his  Si-rvices,  and  no  more.  ///.,  159. 
— There  shall  be  elected,  by  the  qualified  electors 
throughout  the  State,  a  State  Treasurer,  who  shall 
hold  his  office  for  two  years,  and  until  his  successor 
is  qualified  ;  whose  duties  may  be  regulated  by  law, 

26 


and  who  shall  receive  a  salary  of  eight  hundred  dol- 
lars per  annum,  and  no  more.  Ill,  159. 
— There  shall  be  elected  by  the  voters  of  the  State,  a 
Secretary,  an  Auditor,  and  a  Treasurer  of  State,  who 
shall  severally  hold  iheir  offices  for  two  years.  They 
shall  perform  such  duties  as  may  be  enjoined  by  law; 
and  no  person  shall  be  eligible  to  either  of  said  offices 
more  than  four  years  in  any  period  of  six  years. 
Ind,  17G. 

— The  Secretary  of  State,  Auditor  of  State,  and 
Treasurer  of  State,  shall  be  elected  by  the  qualified 
electors,  who  shall  continue  in  office  two  years,  and 
until  their  succe.ssors  are  elected  and  qualified,  and 
perform  such  duties  as  may  be  required  by  law. 
Jowa,  189. 

[State  Auditor  and  Treasurer  elected  for  terra  of 
two  years]  Ao?i.,  197;  il/m.,  3:23;  iVeft.,  372;  Wis., 
565. 

— A  Treasurer  shall  be  elected  by  the  qualified  voters 
of  the  State,  for  the  term  of  two  years ;  and  an 
Auditor  of  Public  Accounts,  Register  of  the  Land 
Office,  and  Attorney-General,  for  the  terra  of  four 
years.  The  duties  and  responsibilities  of  these  officers 
shall  be  prescribed  by  law ;  Provided,  That  inferior 
State  officers,  not  specially  provided  for  in  this  Con- 
stitution, may  be  appointed  or  elected  in  such  manner 
as  shall  be  prescribed  by  law,  for  a  term  not  exceed- 
ing four  years.     Ky.,  214. 

— There  shall  be  a  Treasurer  of  the  State,  and  an  Au- 
ditor of  Public  Accounts,  who  shall  hold  their  respec- 
tive offices  during  the  term  of  four  years.  La.,  231. 
— The  Treasurer  shall  be  chosen  annually,  at  the  first 
session  of  the  Legislature,  by  joint  ballot  of  the  Sena- 
tors and  Representatives  in  Convention,  but  shall  not  ■ 
be  eligible  for  more  than  five  years  successively.  Me., 
246. 

— The  Treasurer  shall,  before  entering  on  the  duties 
of  his  office,  give  a  bond  to  the  State,  with  sureties, 
to  the  satisfaction  of  the  Legislature,  for  the  faithful 
discharge  of  his  trust.  Me.,  246. 
— The  Treasurer  shall  not,  during  his  continuance  in 
office,  engage  in  any  business  of  trade  or  commerce, 
or  as  a  broker,  nor  as  an  agent  or  factor  for  any  mer- 
chant or  trader.     Me.,  246. 

— The  Treasury  Department  of  this  State  shall  con- 
sist of  a  Coraptroller  and  a  Treasurer.  Md.,  272. 
— The  Comptroller  shall  be  chosen  by  the  qualified 
electors  of  the  State  at  each  regular  election  for  mem- 
bers of  the  General  Assembly.  He  shall  hold  his 
office  for  two  years,  comraencing  on  the  second  Wed- 
nesday in  January  next  ensuing  his  election,  and 
shall  receive  an  annu^il  salary  of  twenty-five  hundred 
dollars,  but  shall  not  be  allowed,  nor  shall  he  receive 
any  fees,  commissions  or  perquisites  of  any  kind,  in 
addition  thereto,  for  the  performance  of  any  official 
duty  or  service.  He  shall  keep  his  office  at  the  seat 
of  government,  and  shall  take  such  oath,  and  enter 
into  such  bond  for  the  faithful  performance  of  his  duty 
as  are  now  or  may  hereafter  be  prescribed  by  law. 
A  vacancy  in  the  office  of  ComptroUer  shall  be  filled 
by  the  Governor  for  the  residue  of  the  term.  The 
first  election  for  Comptroller  under  this  Constitution 
shall  be  held  on  the  Tuesday  next  after  the  first  Mon- 
day in  the  month  of  November,  in  the  year  eighteen 
hundred  and  sixty-four,  but  the  Comptroller  then 
elected  shall  not  enter  upon  the  discharge  of  the  duties 
of  his  office  until  the  expiration  of  the  term  of  the' 
present  incumbent,  unless  the  said  office  shall  sooner 
become  vacant.     Md.,  272. 

— The  Comptroller  shall  have  the  general  superin- 
tendence of  the  fiscal  affairs  of  the  State;  he  shall 
digest  and  prepare  plans  for  the  improvement  and 
management  of  the  revenue,  and  for  the  support  of 
the  public  credit;  prepare  and  report  estimates  of  the 
revenue  and  expenditures  of  the  State;  superintend 
and  enforce  the  collection  of  all  tax(  s  and  revenue ; 
adjust,  settle,  and  preserve  all  public  r.cc  )unts ;  decide 
on  the  forms  of  keeping  and  stating  accounts;  grant, 
under  regulations  prescribed  by  law,  all  warrants  for 
moneys  to  be  paid  out  of  the  treasury  in  pursuance 
of  appropriations  by  law,  prescribe  the  formahties  of 
the  transfer  of  stock  or  otlier  evidences  of  the  State 


102 


debt,  and  countersign  the  same,  without  which  siich 
evidences  shall  not  be  valid ;  he  shall  make  full  reports 
of  all  hs  proceedings  and  of  the  state  of  the  Treasury 
Department,  within  ten  da3'S  after  the  commence- 
ment of  each  session  of  the  General  Assembly,  and 
perform  such  other  duties  as  are  now  or  may  here- 
after be  prescribed  by  law.  ild.,  272. 
— The  Treasurer  shall  be  elected  on  joint  ballot  by 
the  two  Houses  of  the  General  Assembly  at  each 
regular  session  thereof  He  shall  hold  his  office  for 
two  years,  and  shall  receive  an  annual  salary  of 
twenty-five  hundred  dollars,  but  shall  not  be  allowed, 
nor  shall  he  receive  any  fees,  commissions,  or  perquis- 
ites of  any  kind  in  addition  thereto,  for  tlie  perform- 
ance of  any  olhcial  duty  or  service.  He  shall  keep 
his  office  at  the  seat  of  government,  and  shall  take 
Buch  oath,  and  enter  into  such  bond  for  the  faithful 
discharge  of  his  duty  as  are  now  or  may  hereafter  be 
prescribed  by  law ;  a  vacancy  in  the  office  of  Trea-surer 
shall  be  filled  by  the  Governor  lor  the  residue  of  the 
term.  The  General  Assembly  at  its  first  session  after 
the  adoption  of  this  Constitution  shall  elect  a  Treas- 
urer, but  the  Treasurer  then  elected  shall  not  enter 
upon  the  discharge  of  the  duties  of  his  office  until  the 
expiration  of  the  term  of  the  present  incumbent,  unless 
the  said  office  shall  sooner  beconie  vacant.  Md.,  272. 
— The  Treasurer  shall  receive  and  keep  the  moneys 
of  tlie  State,  and  disburse  the  same  upon  warrants 
drawn  by  the  Comptroller  and  not  otherwise;  he 
shall  take  ri'ceipts  for  all  moneys  paid  by  him,  and 
all  receipts  for  moneys  received  by  him  shall  be 
indorsed  upon  warrants  signed  by  the  Comptroller, 
without  which  warrants,  so  signed,  no  acknowledg- 
ment of  money  received  into  the  Treasury  shall  be 
valid ;  and  upon  warrants  issued  by  the  Comptroller, 
he  shall  make  arrangements  for  the  payment  of  the 
interest  of  the  public  debt,  and  for  the  purchase 
thereof,  on  account  of  the  sinking  fund.  Every 
bond,  certificate  or  other  evidence  of  the  debt  of  the 
State  shall  be  signed  by  the  Treasurer  and  counter- 
signed by  the  Comptroller,  and  no  new  certificate  or 
other  evidence  intended  to  replace  another  shall  be 
issued  until  the  old  one  shall  be  delivered  to  the 
Treasurer,  and  authority  e-xecuted  in  due  form  for  the 
transfer  of  the  same  shall  be  filed  in  his  office,  and 
the  transfer  accordingly  made  on  the  books  thereof, 
and  the  certificate  or  other  evidence  canceled  ;  but 
the  General  Assembly  may  make  provision  for  the 
loss  of  certificates  or  other  evidence  of  the  debt. 
M(l.,  272. 

— The  Treasurer  shall  render  his  accounts  quarterly 
to  the  Comptroller,  and  on  the  third  day  of  each  reg- 
ular session  of  the  General  Assembly  he  shall  submit 
to  the  Senate  and  House  of  Delegates  fair  and  accu- 
rate copies  of  all  accounts  by  him  from  time  to  time 
rendered  and  settled  with  the  Comptroller.  He  shall 
at  all  times  submit  to  the  Comptroller  the  inspection 
of  the  moneys  in  his  hand-s,  and  perform  all  other 
duties  that  are  now  or  may  hereafter  be  prescribed 
by  law.     Md.,  272. 

— The  Secretary,  Treasurer  and  Receiver-General, 
Auditor  and  Attorney-General,  shall  be  chosen  annu- 
ally, on  the  day  in  November  prescribed  for  the 
choice  of  Governor;  and  each  person  then  chosen  as 
such,  duly  qualified  in  other  respects,  shall  hold  his 
office  for  the  term  of  one  year  from  the  third  Wednes- 
day in  January  next  thereafter,  and  until  another  is 
ciiosen  and  qualified  in  his  stead.  The  qualifications  of 
the  voters,  the  manner  of  the  election,  the  return  of  the 
votes,  and  the  declaration  of  the  election,  shall  be 
such  as  are  required  in  the  election  of  Governor.  In 
case  of  a  failure  to  elect  either  of  said  officers  on  the 
day  in  November  aforesaid,  or  in  case  of  the  decease 
in  the  meantime,  of  the  person  elected  as  such,  such 
officer  shall  be  chosen  on  or  before  the  third  Wednes- 
day in  January  next  thereafter,  from  the  two  persons 
who  had  the  highest  number  of  votes  for  said  offices 
on  tlie  day  in  November  aforesaid,  by  joint  ballot  of 
the  Senators  and  Representatives,  in  one  room ;  and 
in  case  the  office  of  Secretary,  or  Treasurer  and 
Receiver-General,  or  Auditor,  or  Attorney-General, 
shall  become  vacant,  from  any  cause,  during  an  annual 


or  special  session  of  the  General  Court,  such  vacancy 
shall  in  like  manner  be  filled  by  choice  from  the  peo- 
ple at  large ;  but  if  such  vacancy  shall  occur  at  any 
other  time,  it  shall  be  supplied  by  the  Governor  by 
appointment,  with  the  advice  and  consent  of  the 
Cour.cil.  The  person  so  chosen  or  appointed,  duly 
qualified  in  other  respects,  shall  hold  his  office  until  his 
successor  is  chosen  and  duly  qualified  in  his  stead. 
In  case  any  person  chosen  or  appointed  to  eitlier  of 
the  offices  aforesaid,  shall  neglect,  for  the  space  often 
days  after  he  could  otherwise  enter  upon  his  duties, 
to  qualify  himself  in  all  respects  to  enter  upon  the 
discharge  of  such  duties,  the  office  to  which  he  has 
been  elected  or  appointed  shall  be  deemed  vacant. 
No  per.son  shall  be  eligible  to  either  of  said  offices 
unless  he  shall  have  been  an  inhabitant  of  this  Com- 
monwealth five  years  next  preceding  his  election  or 
appointment.     Mass.,  298. 

— There  shall  be  elected  at  each  general  biennial  elec- 
tion a  Secretary  of  State,  a  Superintendent  of  Pub- 
lic Instruction,  a  State  Treasurer,  a  Conmiissioner  of 
the  Land  Office,  an  Auditor-General,  and  an  Attor- 
ney-General, for  the  term  of  two  years.  They  shall 
keep  their  offices  at  the  seat  of  government,  and  shall 
perform  such  duties  as  may  be  prescribed  by  law. 

Their  term  of  office  shall  commence  on  the  first 
day  of  January,  one  thousand  eiglit  hundred  and 
fifty-three,  and  of  every  second  year  thereafter. 

Whenever  a  vacancy  shall  occur  in  any  of  the 
State  offices,  the  Governor  shall  fill  the  same  by 
appointment,  by  and  with  the  advice  and  consent  of 
the  Senate,  if  in  session. 

The  Secretary  of  State,  State  Treasurer,  and  Com- 
missioner of  the  State  Land  Office  shall  constitute  a 
Board  of  State  Auditors  to  examine  and  adjust  all 
claims  against  the  State,  not  otherwise  provided  for 
by  general  law.  They  shall  constitute  a  Board  of 
State  Canvassers  to  determine  the  result  of  all  elec- 
tions for  Governor,  Lieutenant-Governor,  and  State 
officers,  and  of  such  other  officers  as  shall  by  law  be 
referied  to  them.     Mich.,  308. 

— A  State  Treasurer  and  Auditor  of  Public  Accounts 
shall  be  elected  by  the  qualified  electors  of  the  State, 
who  shall  hold  their  offices  for  the  term  of  two  years, 
unless  sooner  removed.  Miss.,  342. 
— There  shall  be  a  Secretary  of  State,  a  State  Auditor, 
a  State  Treasurer,  and  an  Attorney-General,  who 
shall  be  elected  by  the  qualified  voters  of  the  State, 
at  the  same  time,  in  the  same  manner,  and  for  the 
same  term  of  office  as  the  Governor.  No  person 
shall  be  eligible  to  either  of  said  offices,  unless  he  be 
a  white  male  citizen  of  the  United  States,  and  at 
least  twenty-five  years  old,  and  shall  have  resided  in 
this  State  five  years  next  before  his  election.  The 
Secretary  of  State,  the  State  Auditor,  the  State 
Treasurer,  and  the  Attorney-General,  shall  keep  their 
respective  offices  at  the  seat  of  government,  and  shall 
perform  such  duties  as  may  be  required  of  them  by 
law.     Mo.,  356. 

—Contested  elections  of  Secretary  of  State,  State 
Auditor,  State  Trea.surer,  and  Attorney-General,  shall 
be  decided  before  such  tribunal,  and  in  such  manner 
as  may  be  by  law  provided.  Mn.,  350. 
• — A  Secretary  of  State,  a  Treasurer,  a  Controller,  a 
Surveyor-General,  and  an  Attorney-General  shall  be 
elected  at  the  same  time  and  places,  and  in  the  same 
manner  as  the  Governor.  The  term  of  office  of  each 
shall  be  the  same  as  is  prescribed  for  the  Governor. 
Any  elector  shall  be  eligible  to  either  of  said  offices. 
Nev.,  385. 

— The  Secretary  of  State,  State  Treasurer,  State  Con- 
troller, Surveyor-General,  Attorney-General,  and 
Superintendent  of  Public  Instruction,  shall  perform 
such  other  duties  as  may  be  prescribed  by  law.  Neu., 
385. 

— The  Secretary,  Treasurer,  and  Commissary-Gene- 
ral, shall  be  chosen  by  joint  ballot  of  the  Senators 
and  Representatives,  assembled  in  one  room.  iV!  H., 
408. 

— The  State  Treasurer  and  the  Keeper  and  Inspectors 
of  the  State  prison  shall  be  appointed  by  the  Senate 
and  General  Assembly,  in  joint  meeting. 


103 


They  shall  hold  the  offices  for  one  year,  and  until 
their  successors  shall  be  qualified  into  office.  jV.  J.^  419. 
— That  tlie  General  Assembly,  sliall,  by  joint  ballot 
of  both  Houses,  annually,  appoint  a  Treasurer  or 
Treasurers  for  this  State.  N.  C,  425. 
— That  no  Treasurer  sljall  have  a  seat  either  in  the 
Senate,  House  of  Commons,  or  Council  of  State, 
during  his  continuance  in  that  office,  or  before  he 
shall  have  finally  settled  his  accounts  A\ith  the  public 
for  all  the  moneys  which  may  be  in  his  hands,  at  the 
expiration  of  his  office,  belonging  to  the  State,  and 
hath  paid  the  same  into  the  hands  of  the  succeeding 
Treasurer.     N.  C,  425. 

— [State  Treasurer  elected  for  two  years,  and  Auditor 
for  four  years.]     Ohio,  435. 

[A  Treasurer  of  State  elected  for  term  of  four  years 
but  is  not  eligible  more  than  eight  years  in  twelve.] 
Or.,  453. 

— The  power  and  duties  of  the  Treasurer  of  State 
shall  be  such  as  may  be  prescribed  by  law.      Or.,  453. 

[Salary  of  Treasurer  of  State,  $800.]     Or.,  457. 
— A  State  Treasurer  shall  be  elected  annually,  by  joint 
vote  of  both  branches  of  the  Legislature.      Pa.,  46G. 

[A  general  Treasurer,  elected  annually.]  R.  I.,  478. 
—If  an  election  fiiil,  he  is  appointed  by  the  General 
Assembly  in  grand  committee.  R.  I.,  478. 
— The  bu.siness  of  the  trea.sury  shall  be  conducted  by 
one  Treasurer,  who  shall  hold  his  office  and  reside  at 
the  seat  of  government.  S.  C,  488. 
— There  shall  be  a  Treasurer  or  Treasurers  appointed 
for  the  State,  by  the  joint  vote  of  both  Houses  of  the 
General  Assembly,  who  shall  hold  his  or  their  offices 
for  two  years.     Tenn.,  497. 

— There  shall  be  elected,  by  the  qualified  electors  of 
this  State,  in  the  manner  prescribed  by  law,  a  Comn- 
troUer  of  Public  Accounts  and  a  Slate  Treasurer,  each 
of  whom  shall  hold  his  office  for  tlie  term  of  four  years; 
and  in  case  of  a  vacancy  in  either  of  said  offices,  the 
Governor  .shall  have  power  to  fill  the  same  by  appoint- 
ment, which  shall  continue  in  force  until  the  office 
can  be  filled  at  the  next  general  election  for  Slate  and 
county  officers,  and  the  successor  duly  qualified. 
Tex.,  514. 

[Treasurer  elected].  Vt.,  523. 
— Tlie  Treasurer  of  the  State  shall,  before  entering 
upon  the  duties  of  his  office,  give  sufficient  security 
to  the  Secretary  of  State,  in  behalf  of  the  State  of 
Vermont,  before  the  Governor  of  the  State,  or  one 
of  the  Judges  of  the  Supreme  Court.  And  Slierifls 
and  High  Bailifts,  before  entering  upon  the  duties  of 
their  respective  offices,  shall  give  security  to  the 
Treasurer  of  their  respective  countie.'!,  before  one  of 
the  Judges  of  the  Supreme  Court,  or  the  two  assistant 
judges  of  the  County  Court  of  their  respective  coun- 
ties, in  such  manner  and  in  such  sums  as  shall  be 
directed  by  the  Legislature.  Vt.,  530. 
— The  Treasurer's  account  shall  be  annually  audited, 
and  a  fair  statement  thereof  be  laid  before  the  Gen- 
eral Assembly,  at  their  session  in  October.  Vt,  526. 
— And  in  case  there  shall  be  a  vacancy  in  the  office 
of  Treasurer,  by  reason  of  any  of  tlie  causes  enumera- 
ted, the  Governor  shall  appoint  a  Treasurer  for  the 
time  being,  who  shall  act  as  Treasurer  until  the  disa- 
bility shall  be  removed,  or  a  new  election  shall  be 
made.      Vt,  530. 

— A  Secretary  of  the  Commonwealth,  Treasurer  and 
an  Auditor  of  Public  Accounts  shall  be  elected  by 
the  joint  vote  of  the  two  Houses  of  the  General  As- 
sembly, and  continue  in  office  for  the  term  of  two 
year.s,  unless  .sooner  removed. 

— The  powers  and  duties  of  the  Treasurer  and  Audi- 
tor shall  be  such  as  now  are,  or  may  be  htreafler  pre- 
scribed by  law.      Fa.,  540. 

— A  Secretary  of  State,  a  Treasurer  and  an  Auditor 
shall  be  elected  at  the  same  time  and  f«r  the  same 
term  as  the  Governor.  Their  duties  sliall  be  prescribed 
by  law.  The  Secretary  of  the  State  shall  Receive  thir- 
teen hundred,  the  Treasurer  fourteen  luind-'ed,  and 
the  Auditor  fifteen  hundred  dollars  per  annum.  W. 
Va.  5.52. 

[The  powers,  duties  and  compensation  of  the  Treas- 
urer to  be  prescribed  by  law.]     Wis.,  565. 


ATTORNEY-GENERAL. 

— An  Attorney-General,  and  as  many  solicitors  as 
there  are  judicial  circuits  in  the  State,  shall  be  elected 
by  a  joint  vote  of  both  houses  of  the  General 
Assembly,  each  of  whom  shall  hold  his  office  for  the 
term  of  four  years,  shall  perform  all  the  duties  that 
may  be  required  of  him  bylaw,  and  shall  receive  such 
compensation  for  his  services  as  may  be  by  law  pro- 
vided, which  shall  not  be  diminished  during  his  con- 
tinuance in  office.     Ala.,  81. 

— The  qualified  voters  thereof  ishall  elect  an  Attorney 
for  the  State,  for  each  judicial  circuit  established  by 
law,  who  shall  continue  in  office  two  years,  and  until 
his  succes.sor  is  elected  and  qualified  and  reside  within 
the  circuit  for  which  he  was  elected  at  the  time  of, 
and  during  his  continuance  in  office.  In  all  cases 
vs'here  an  Attorney  for  the  State,  of  any  circuit,  fails 
to  attend  and  prosecute,  according  to  law,  the  court 
shall  have  power  to  appoint  any  Attorney j)ro  tempore. 
Ark.,  92. 

— The  qualified  voters  of  this  State  shall  elect  an 
Attorney-General,  whose  salary  shall  be  the  same 
as  that  of  Circuit  Judge,  who  shall  be  learned  in  the 
law ;  who  shall  be  at  least  thirty  years  of  age,  and 
shall  hold  his  office  for  the  term  of  four  years  from 
the  date  of  his  commission,  and  until  his  successor  is 
elected  and  qualified;  and  whose  duty  it  shall  be  to 
prosecute  the  State's  pleas  before  the  Supreme  Court, 
and  give  his  opinion,  in  writing,  on  all  questions  of 
law  or  equity,  when  required  by  the  Governor  or 
other  officer  of  the  State,  and  perform  such  other 
duties  as  may  be  prescribed  by  law.  Ark.,  32. 
— The  Attorney-General,  the  State's  attorneys,  and 
Clerks  of  tlie  Supreme  and  Circuit  Court.-*,  and  Courts 
of  Chancery,  if  any  such  be  established,  shall  receive 
for  their  services  such  salaries,  fees  and  perquisites  of 
office,  as  shall,  from  time  to  time  be  fixed  by  law. 
Ark..  91. 

— There  shall  be  an  Attorney-General  for  the  State, 
who  shall  reside  at  the  seat  of  government,  and  he 
shall  perform  such  duties  as  may  be  prescribed  by 
law;  he  .shall  be  elected  by  the  qualified  voters  of 
the  State,  at  the  same  time  and  in  the  same  manner 
that  the  Comptroller,  Secretary  of  State  and  Treasu- 
rer are  elected,  and  his  term  of  office  shall  be  the 
same;  but  he  may  be  removed  by  the  Governor,  off 
the  address  of  a  majority  of  the  two  Houses  of  th( 
General  Assembly,  and  shall  receive  for  his  service^ 
a  compensation  to  be  fixed  by  law.  Fl.,  135. 
— There  shall  be  a  State's  Attorney  and  Solicitors 
elected  in  the  same  manner  as  the  Judges  of  the 
Superior  Court,  and  commissioned  by  the  Governor, 
who  shall  hold  their  offices  lor  the  term  of  four  years, 
or  until  their  successors  shall  be  appointed  and  quali- 
fied, unless  removed  by  sentence  on  impeachment,  or 
by  the  Governor,  on  the  address  of  two-thirds  of 
each  brancli  of  the  General  Assembly.  They  shall 
have  salaries  adequate  to  their  services  fi.xed  by  law, 
which  shall  not  be  increased  or  diminished  during 
their  continuance  in  office.  Oa.,  149. 
— The  General  Assembly  shall  provide,  by  law,  for 
the  election  of  an  Attorney-General  by  the  people, 
whose  term  of  office  shall  be  two  years,  and  until  his 
succes.sor  is  elected.  Iowa,  190. 
— There  shall  be  ilcted  in  each  judicial  circuit,  by  the 
voters  thereof,  a  Prosecuting  Attorney,  who  shall  hold 
his  office  lor  two  years.  Ind.,  177. 
— When  a  vacancy  shall  happen  in  the  office  of  Attor- 
ney-General, Auditor  of  Public  Accounts,  Treasurer, 
Register  of  the  Land  office.  President  of  the  Board  of 
Internal  Improvement,  or  Superintendent  of  Public 
Instruction,  the  Governor,  in  the  recess  of  the  Sen- 
ate, shall  have  power  to  fill  the  vacancy  by  granting 
commissions  which  shall  expire  at  the  end  of  the  next 
session,  and  shall  fill  the  vacancy  for  the  balance  of 
the  time  by  and  with  the  advice  and  consent  of  the 
Senate.     Ky.,  221. 

— A  Commonwealth's  Attorney  for  each  judicial  dis- 
trict shall  be  elected.     Ky.,'2\H. 
— The  Commonwealth's  Attorney  and  Circuit  Court 
Clerk  shall  be  elected  at  the  same  time  as  the  Circuit 


104 


Judge ;  the  Commonwealth's  Attorney  by  the  quali- 
fied voters  of  the  district,  the  Circuit  Court  Cleric  by 
the  qualified  voters  of  the  county.  The  Countv 
Attorney,  Clerk,  Surveyor,  Coroner  and  Jailor  shall 
be  elected  at  the  same  time  and  in  the  same  manner 
as  the  Presiding  Judge  of  the  County  Court.  A'y.,  218. 
— There  shall  be  an  Attorney-General  for  the  State, 
and  as  many  District  Attorneys  as  the  Legislature 
shall  find  necessary.  The  Attorney-General  shall  bo 
elected  every  four  years  by  the  qualified  voters  of  the 
State.  He  shall  receive  a  salary  of  five  thousand 
dollars  per  annum,  payable  on  his  own  warrant, 
quarterly.  The  District  Attorneys  shall  be  elected 
by  the  qualified  voters  of  their  respective  districts 
for  a  term  of  four  years.  They  shall  receive  such 
salaries  as  shall  be  provided  by  the  Legislature.  La., 
232. 

[The  Attornev-General  is  appointed  by  Governor 
and  Council.]     j/f.,  244. 

— There  shall  be  an  Attorney-General  elected  by  the 
qualifi-d  voters  of  the  State,  on  general  ticket,  on 
the  Tuesday  next  after  the  first  Monday  in  the  month 
of  November,  in  the  year  eighteen  hundred  and 
sixty-four,  and  on  the  same  day  in  every  fouith  year 
thereafter,  who  shall  hold  his  office  for  four  years  from 
the  first  Monday  of  January  next  ensuing  his  election, 
and  until  his  succes.sor  shall  be  elected  and  qualified, 
and  shall  be  re-eligible  thereto,  and  shall  be  subject 
to  removal  for  incompetency,  wilful  neglect  of  duty, 
or  misdemeanor  in  office,  on  conviction  in  a  court  of 
law.     Md.,  270. 

— All  elections  for  Attorney-General  shall  be  certi- 
fied to,  and  returns  made  thereof  by  the  Clerks  of 
the  Circuit  Courts  for  the  several  counties,  and  the 
Clerk  of  the  Superior  Court  of  Baltimore  city,  to  the 
Governor  of  the  Slate,  whose  duty  it  shall  be  to 
decide  upon  the  election  and  qualifioatidns  of  the 
person  returned,  and  in  case  of  a  tie  between  two 
or  more  persons  to  designate  which  of  said  persons 
shall  qualify  as  Attorney-General,  and  to  administer 
the  oath  of  office  to  the  person  elected.  Md.,  271. 
— It  shall  be  the  duty  of  the  Attorney-General  to 
prosecute  and  defend,  on  the  part  of  the  State,  all 
cases  which  at  the  time  of  his  electiorj  and  qualifica- 
tion, and  which  thereafter  may  be  depending  in  the 
Court  of  Appeals,  or  in  the  Supreme  Court  of  the 
United  Slates,  by  or  against  the  State,  or  wherein 
the  State  may  be  interested;  and  he  shall  give  his 
opinion  in  writing  whenever  required  by  the  General 
Assembly,  or  either  branch  thereof,  the  Governor, 
the  Comptroller,  the  Treasurer,  or  any  State's  Attor- 
ney, on  any  matter  or  subject  depending  before  them, 
or  cither  of  them,  and  when  required  by  the  Gov- 
ernor or  the  General  Assembly  he  shall  aid  any 
State's  Attorney  in  prosecuting  any  suit  or  action 
brought  by  the  State  in  any  court  of  this  State ;  and 
he  shall  commence  and  prosecute  or  defend  any  suit 
or  action  in  any  of  said  courts,  on  the  part  of  the 
State,  which  the  General  A.^-sembly  or  the  Governor, 
acting  according  to  law,  shall  direct  to  be  commenced, 
prosecuted  or  delended ;  and  he  shall  receive  for  his 
services  an  annual  salary  of  twenty-five  hundred 
dollars ;  but  he  shall  not  be  entitled  to  receive  any 
fees,  perquisites  or  rewards  whatever  in  addition  to 
the  salary  aforesaid  for  the  performance  of  any  official 
duty,  nor  have  power  to  appoint  any  agent,  repre- 
sentative or  deputy,  under  any  circumstances  what- 
ever.    Md.,  271. 

-No  person  shall  be  eligible  to  the  office  of  Attor- 
ney-General who  has  not  resided  and  practiced  law 
in  this  State  for  at  least  seven  years  next  preceding 
his  election.     Md.,  271. 

-In  case  of  a  vacancy  in  the  office  of  Attorney-Gen- 
eral, occa-sioned  by  death,  resignation,  or  his  removal 
from  the  State,  or  his  conviction,  as  hereinbefore 
specified,  the  said  vacancy  shall  be  filled  by  the  Gov- 
ernor for  the  residue  of  the  term  thus  made  vacant. 
Md.,n\. 

— There  shall  be  an  Attorney  for  the  State  in  each 
county  and  the  city  of  Baltimore,  to  be  styled  "The 
State's  Attorney,"  who  shall  be  elected  by  the  voter's 
thereof,  respectively,  on  the  Tuesday  next  after  the 


first  Monday  in  the  month  of  November,  eighteen 
hundred  and  sixty-seven,  and  on  the  same  day  every 
fourth  year  thereafter,  and  shall  liold  his  office  for 
four  years  from  the  first  Monday  in  January  next  en- 
suing his  election,  and  until  his  successor  shall  be 
elected  and  qualified,  and  shall  be  re-eligible  thereto, 
and  be  subject  to  removal  therefrom  for  incompetency, 
willful  neglect  of  dety  or  misdemeanor  in  office,  on 
convietiim  in  a  court  of  law.     Md.,  271. 

All  elections  for  tlie  State's  Attorney  shall  be  cer- 
fied  to  and  returns  made  thereof  by  the  Clerks  of  the 
said  counties  and  city  to  the  judges  having  criminal 
jurisdiction  respectively,  whose  duty  it  shall  bi;  to  de- 
cide upon  the  elections  and  qualifications  of  the  per- 
sons returned,  and  in  case  of  a  tie  between  two  or 
more  person.s,  to  designate  which  of  said  per.sons  shall 
qualify  as  State's  Attorney,  and  to  administer  the 
oaths  of  office  to  the  persons  elected.  Mil.,  271. 
— No  person  shall  be  eligible  to  the  office  of  Stale's 
Attorney  who  has  not  been  admitted  to  practice  law 
in  this  State,  and  who  has  not  resided  for  at  least  one 
year  in  the  county  or  city  in  which  lie  may  be  elected. 
Md.,-n\. 

— The  Attorney-General  of  the  Slate  is  required  to 
prepare  and  report  to  the  Legislature,  at  the  com- 
mencement of  the  ni'xt  scission,  such  changes  and 
modifications  in  existing  laws  as  may  be  deemed 
necessary  to  adapt  the  safne  to  this  Constitution,  and 
as  may  be  best  calculated  to  carry  into  effect  its  pro- 
visions; and  he  shall  receive  no  additional  compen- 
sation therefor.     Mich. ,ZiG. 

■ — There  shall  be  an  Attorney-General  elected  by  the 
qualified  electors  of  the  State;  and  a  competent  num- 
ber of  District  Attorneys  .sliall  be  elected  by  the 
qualified  voters  of  their  respective  districts,  whose 
compensation  and  term  of.service  shall  be  prescribed 
by  law.     Miss  ,  340. 

— The  Attorney-General,  Prosecutors  of  Pleas,  Clerk 
of  the  Supreme  Court,  Clerk  of  the  Court  of  Chan- 
cery, and  Secretary  of  State,  shall  be  nominated  oy 
the  Governor,  and  appointed  by  him,  with  the  advice 
and  consent  of  the  Senate. 

They  shall  hold  their  offices  five  years.  N.  J.,  419. 
— The  General  Assamlily,  at  its  first  session  after  the 
j'ear  one  thousand  eight  hundred  and  thirty-nine,  and 
from  time  to  time  thereafter,  shall  appoint  an  Attor- 
ney-General, who  shall  be  commissioned  by  the 
Governor,  and  shall  hold  his  office  for  the  term  of 
four  years  ;  but  if  the  General  Assembly  should  here- 
after extend  the  term  during  which  solicitors  of  the 
State  shall  hold  their  offices,  then  they  shall  have 
power  to  extend  the  term  of  office  of  the  Attorney- 
General  to  the  same  period.  N.  C,  429. 
— An  Attorney-General  for  the  State  shall  be  elected 
by  the  qualified  voters  of  the  State  at  large,  and  the 
Attorney  for  the  State  for  any  circuit  or  district  to 
which  a  judge  of  an  inferior  court  may  be  assigned, 
shall  be  elected  by  the  qualified  voters  within  the 
bounds  of  such  district  or  circuit,  in  the  same  manner 
that  members  of  the  General  Assembly  are  elected ; 
all  said  Attorneys,  both  for  the  State  and  circuit  or 
district,  shall  hold  their  offices  for  the  term  of  six 
years.  In  all  cases  where  the  Attorney  for  any  dis- 
trict fails  or  refuses  to  attend  and  prosecute  according 
to  law,  the  court  shall  have  power  to  appoint  an 
Attorney  pro  tempore.  Ten.,  503. 
— An  Attorney-General  shall  be  elected  by  the  peo- 
ple, who  shall  reside  at  the  capital  of  the  State  during 
his  continuance  in  office,  whose  duties  shall  be  pre- 
scribed by  law,  who  shall  hold  his  office  for  four 
years,  and  who,  in  addition  to  perquisites,  shall 
receive  an  annual  salary  of  three  thousand  dollars, 
which  shall  not  be  increased  or  diminished  during  his 
term  of  office.     Tex.,  bll. 

— At  every  election  of  a  Governor,  an  Attorney- 
General  shall  be  elected  by  the  voters  of  the  Com- 
monwealth for  the  term  of  four  year.s.  He  shall  be 
commissioned  by  the  Governor,  shall  perform  such 
duties  and  receive  such  compensation  as  may  be  pre- 
scribed by  law,  and  be  removable  in  the  mnnner 
prescribed  for  the  removal  of  judges.  Va.,  543. 
— At  every  election  of  a  Governor,  an  Attorney- 


105 

1  S  2.  A  State  Engineer  and  Surveyor  shall  be  chosen  at  a  general  election, 

2  and  shall  hold  his  office  two  years,  but  no  person  shall  be  elected  to  said  office 

3  who  is  not  a  practical  engineer. 

1  ^3.  Three  Canal  Commissioners  shall  be  chosen  at  the  General  election 

2  which  shall  be  held  next  after  the  adoption   of  this  Constitution,   one  of 

3  whom  shall  hold  his  office  for  one  year,  one  for  two  years,  and  one  for  three 

4  years.    The  Commissioners  of  the  Canal  Fund  shall  meet  at  the  Capitol  on  the 

5  first  Monday  of  January,  next  after  such  election  and  determine  by  lot  which 
G  of  said  Commissioners  shall  hold  his  office  for  one  year,  which  for  two,  and 

7  which  for  three  years;  and  there  shall  be  elected  annually,  thereafter,  one 

8  Canal  Commissioner,  who  shall  hold  his  office  for  three  years. 

1  §  4.  Three  Inspectors  of  State  Prisons  shall  be  elected  at  the  general 

2  election  which  shall  be  held  next  after  the  adoption  of  this  Constitution,  one 

3  of  whom  shall  hold  his  office  for  one  year,  one  for  two  years,  and  one  for  three 

4  years.    The  Governor,  Secretary  of  State  and  Comptroller  shall  meet  at  the 

5  Capitol  on  the  first  Monday  of  January  next  succaeding  such  election,  and 

6  determine  by  lot  which  of  said  inspectors  shall  hold  his  office  for  one  year, 

7  which  for  two,  and  which  for  three  years ;  and  there  shall  be  elected  annually 

8  thereafter,  one  Inspector  of  State  Prisons,  who  shall  hold  his  office  for  three 

9  years ;  said  inspectors  shall  have  the  charge  and  superintendence  of  the  State 

10  Prisons  and  shall  appoint  all  the  officers  therein.    All  vacancies  in  the  office 

11  of  such  inspector  shall  be  filled  by  the  Governor  till  the  next  election. 

General  shall  be  elected.  He  shall  be  commissioned  — It  shall  be  the  duty  of  the  said  commissioners  faith- 
by  the  Governor;  shall  perform  such  duties  and  fully  to  apply  said  fund,  together  with  all  moneys 
receive  such  compensation  as  may  be  prescribed  by  that  may  be,  by  the  General  Assembly,  appropriated 
law,  and  be  removable  in  the  same  manner  as  the  to  that  object,  to  the  payment  of  the  interest,  as  it 
judges.     W.  Va.,  554.  becomes  due,  and  the  redemption  of  the  principal  of 

the  public  debt  of  the  State,  excepting  only  the  school 
and  trust  funds  held  by  the  State.      Ohio,  44'l. 
— The  said  Commissioners  shall,  semi-annually,  make 
a  full  and  detailed  report  of  their  proceedings  to  the 
COMMISSIONERS  OF  FUNDS.  Governor,  who  shall  immediately  cause  the  same  to 

be  published,  and  shall  also  communicate  the  same 
— The   Auditor  of   State,   Secretary   of   State   and     to  the  General  Assembly,  forthwith,  if  it  be  in  session, 
Attorney-General   are   hereby   created   a   Board   of     and  if  not,  then  at  its  first  session  after  such  report 
Commissioners,  to  be  styled  "  The  Commissioners  of     shall  be  made.     OAio,  440. 
the  Sinking  Fund."     Ohio.  439. 
— The   Commissioners   of   the   Sinking   Fund   shall, 
immeliately  preceding  each  regular  session  of  the 
General  Assembly,  make  an  estimate  of  the  probable 

amount  of  the  fund  provided  for  in  the  seventh  sec-  INVIOLABILITY   OF   FUNDS, 

tion  of  this  article,  from  all  sources  except  from  taxa- 
tion, and  report  the  same,  together  with  all  their  pro-  — The  principal  of  all  funds  arising  from  the  sale  or 
ceedings  relative  to  said  fund  and  the  public  debt,  to  other  disposition  of  lands  or  other  property,  granted 
the  Governor,  who  shall  transmit  the  same,  with  his  or  entrusted  to  this  State  for  educational  and  religious 
regular  message,  to  the  General  Assembly,  and  the  purposes,  shall  forever  be  preserved  inviolate  and 
General  Assembly  shall  make  all  nece.ssary  provision  undiminished;  and  the  income  arising  therefrom  shall 
for  raising  and  disbursmg  said  Smking  Fund,  in  pur-  be  faithfully  applied  to  the  specific  objects  of  the 
suance  of  the  provisions  of  this  article.  Ohio,  439.  original  grants  or  appropriations.  Ohio,  438. 
27 


}06 

1  g  5.  The  Lieutenant-Governor,  Speaker  of  the  Assembly,  Secretary  of  State 

2  Comptroller,  Treasurer,  Attorney-General,  and  State  Engineer  and  Surveyor, 

3  shall  be  the  Commissioners  of  the  Land  Office.     The  Lieutenant-Governor, 

4  Secretary  of  State,  Comptroller,  Treasurer,  and  Attorney-General  shall  be  the 

5  Commissioners  of  the  Canal  Fund.    The  Canal  Board  shall  consist  of  the 

6  Commissioners  of  the  Canal  Fund,  the  State  Engineer  and  Surveyor,  and 

7  the  Canal  Commissioners. 

1  §6.  The  powers  and  duties  of  the  respective  boards,  and  of  the  several 

2  officers  in  this  article  mentioned,  shall  be  such  as  now  are  or  hereafter  may  be 

3  prescribed  by  law. 

1  S  7.  The  Treasurer  may  be  suspended  from  office  by  the  Governor,  during 

2  the  recess  of  the  Legislature,  and  until  thirty  days  after  the  commencement 

3  of  the  next  session  of  the  Legislature,  whenever  it  shall  appear  to  him  that 

4  such  Treasurer  has,  in  any  particular,  violated  his  duty.    The  Governor  shall 

5  appoint  a  competent  person  to  discharge  the  duties  of  the  office,  during  such 

6  suspension  of  the  Treasurer. 

1  5  8.  All  offices  for  the  weighing,  gauging,  measuring,  culling  or  inspecting 

2  any  merchandise,  produce,  manufacture  or  commodity  whatever,  are  hereby 

3  abolished,  and  no  such  office  shall  hereafter  be  created  by  law ;  but  nothing 

4  in  this  section  contained,  shall  abrogate  any  office  created  for  the  purpose  of 

5  protecting  the  public  health  or  the  interests  of  the  State  in  its  property,  reve- 

6  nue,  tolls  or  purchases,  or  of  supi)lying  the  peojjle  with  correct  standards  of 

7  weights  and  measures,  or  shall  prevent  the  creation  of  any  office  for  such 

8  purposes  hereafter. 


107 


ARTICLE  VI. 

1  Section  1.  The  Assembly  shall  have  the  power  of  impeachment,  by  the  vote 

2  of   the  majority  of  all  the  members  elected.      The  court  for  the  trial  of 

3  impeachments  shall  be  composed  of  the  President  of  the  Senate,  the  Senators, 

4  or  a  major  part  of  them,  and  the  Judges  of  the  Court  of  Appeals,  or  the 

5  major  part  of  them.     On  the  trial  of  an  impeachment  against  the  Governor, 

6  the  Lieutenant-Governor  shall  not  act  as  a  member  of  the  court.    No  judicial 

7  ofHcer  shall  exercise  his  oflSce  after  he  shall  have  been  impeached,  until  he 

8  shall  have  been  acquitted.    Before  the  trial  of  an  impeachment,  the  members 

9  of  the  court  shall  take  an  oath  or  afiBrmation  truly  and  impartially  to  try  the 

10  impeachment  according  to  evidence,  and  no  person  shall  be' convicted  without 

11  the  concurrence  of  two-thirds  of  the  members  present.    Judgment  in  cases 

12  of  impeachment  shall  not  extend  further  than  to  removal  from  oIHce,  or 

13  removal  from  office  and  disqualification  to  hold  and  enjoy  any  office  of  honor, 

14  trust  or  profit  under  this  State ;  but  the  party  impeached  shall  be  liable  to 

15  indictment  and  punishment  according  to  law. 


IMPEACHMENT. 

— A  court  shall  be  instituted,  for  the  trial  of  impeach- 
ments and  the  correction  of  errors,  under  the  regu- 
lations which  shall  be  established  by  the  Legislature  ; 
and  to  consist  of  the  President  of  the  Senate,  for 
the  time  being,  and  the  Senators,  Chancellor,  and 
Judges  of  the  Supreme  Court,  or  the  major  part  of 
thera ;  except  that  when  an  impeachment,  shall 
be  prosecuted  against  the  Chancellor,  or  either  of 
the  Judges  of  the  Supreme  Court,  the  person,  so 
impeached,  shall  be  suspended  from  exercising  his 
office,  until  his  acquittal ;  and,  in  like  manner,  when 
an  appeal,  from  a  decree  in  equity,  shall  be  heard, 
the  Chancellor  shall  inform  the  court,  of  the  reasons 
of  his  decree,  but  shall  not  have  a  voice  in  the  final 
sentence.  And  if  the  cause  to  be  determined,  shall 
be  brought  up  by  a  writ  of  error,  on  a  question  of 
law,  on  a  judgment  in  the  Supreme  Court,  the  judges 
of  tliat  court  shall  assign  the  reasons  of  such  their 
judgment,  but  sball  not  have  a  voice  for  its  affirmance 
or  reversal.     ^V.  Y.  (1777),  31. 

— The  power  of  impeaching  all  officers  ol  the  State, 
for  mal  and  corrupt  conduct  in  their  respective  offices, 
be  vested  in  the  representatives  of  the  people  in  As- 
sembly; but  that  it  shall  always  be  necessary  that 
two-third  parts  of  the  members  present  shall  consent 
to  and  agree  in  such  impeachment.  Tliat  previous  to 
the  trial  of  every  impeachment,  the  memliers  of  the 
said  court  shall  respectively  be  sworn,  truly  and  im- 
partially to  try  and  determine  the  charge  in  question, 
according  to  evidence ;  and  that  no  judgment  of  the 
said  court  shall  be  valid  unless  it  be  assented  to  by 
two-third  parts  of  the  members  then  present;  nor 
shall  it  extend  farther,  than  to  removal  from  office, 
and  disqualification  to  hold  and  enjoy  any  place  of 
honor,  trurst.  or  profit,  under  this  State.  But  the 
party  so  convicted  shall  be,  nevertheless,  liable  and 
subject  to  indictment,  trial,  judgment  and  punish- 
ment, according  to  the  laws  of  the  land.  N.  Y. 
(1777),  31. 


— And  it  is  further  ordained,  that  in  every  trial  on  im- 
peachment, or  indictment  for  crimes  or  misdemeanors, 
the  party  impeached  or  indicted,  shall  be  allowed 
counsel,  as  in  civil  actions.  Y.  N.  (1777),  31. 
— The  court  for  the  trial  of  impeachments,  and  the 
correction  of  errors,  shall  consist  of  the  President  of 
the  Senate,  the  Senators,  the  Chanci'llor,  and  the 
justices  of  the  Supreme  Court,  or  the  major  part  of 
them ;  but  when  an  impeachment  shsll  be  prosecuted 
against  the  Chancellor,  or  any  justice  of  the  Supreme 
Court,  the  person  so  impeached  shall  be  suspended 
from  exercising  his  office  until  his  acquittal,  and  when 
an  appeal  from  a  decree  in  chancery  sliall  be  heard, 
the  Chancellor  shall  inform  the  court  of  the  reasons 
of  his  decree,  but  .sliall  have  no  voice  in  the  final 
sentence ;  and  when  a  writ  of  error  shall  be  brought 
on  a  judgment  of  the  Supreme  Court,  the  justices  of 
that  court  shall  assign  the  reasons  for  their  judgment, 
but  shall  not  have  a  voice  for  its  affirmance  or  rever- 
sal.    JV;  Y.  (1821),  40. 

— The  Assembly  shall  have  the  power  of  impeaching 
all  civil  officers  of  this  State  for  mal  and  corrupt  con- 
duct in  olfice,  and  for  high  crimes  and  misdemeanors: 
but  a  majority  of  all  the  members  elected  shall  con- 
cur in  an  impeachment.  Before  the  trial  of  an  im- 
peachment the  members  of  the  court  shall  take  an 
oaih  or  affirmation  truly  and  impartially  to  try  and 
determine  the  charge  in  question,  according  to  evi- 
dence ;  and  no  person  shall  be  convicted,  without  the 
concurrence  of  two-thirds  of  the  members  present. 
Judgment  in  cases  of  impeachment,  shall  not  extend 
farther  than  the  removal  from  office  and  disqualifica- 
tion to  hold  and  enjoy  any  office  of  honor,  ti-ust  or 
profit,  under  tliis  State  ;  but  the  party  convicted  shall 
be  liable  to  indictment  and  punishment,  according  to 
law.     N.  Y.  (1821),  40. 

— The  House  of  Representatives  shall  have  the  sole 
power  of  preferring  impeachments;  all  impeachments 
shall  be  tried  by  the  Senate;  the  Senators,  when 
sitting  for  that  purpo.se,  shall  be  on  oath  or  affirma- 
tion ;  and  no  person  shall  be  convicted  under  an 
impeachment  without  the  concurrence  of  two-thirds 


108 


of  the  Senators  present.  Ala.,  76 ;  (nearly  similar), 
Cal,  98;  C/,  113;  Del,  121  ;  Iowa,  180;  Kan.,  200; 
Mo.,  360;  A^ek,  373;  Ohio,  434. 
— All  civil  officers  of  the  State,  whether  elected  by 
the  people  or  by  the  General  Assembly,  or  appointed 
by  the  Governor,  shall  be  liable  to  impeachment  for 
any  misdemeanor  in  office ;  but  judgment  in  such 
cases  shall  not  extend  further  than  removal  froni 
office,  and  disqualification  to  hold  any  office  of  honor, 
trust  or  profit  under  the  State;  but  the  party  cou- 
yicted  shall,  nevertheless,  bo  liable  and  subject  to 
indictment,  trial  and  puuishment  according  to  law. 
Ah.,  81. 

— The  Governor,  Lieutenant-Governor,  Secretary  of 
State,  Auditor,  Treasurer,  and  all  Judges  of  the 
Supreme,  Circuit  and  inferior  Courts  of  law  and 
equity,  and  the  prosecuting  attorneys  for  the  State, 
shall  be  liable  to  impeachment  for  any  malpractice  or 
uiisdemeanor  in  otlice,  but  judgment  in  .such  cases 
shall  not  extend  further  than  removal  from  office, 
and  disqualification  to  hold  any  office  of  trust  or  profit 
under  this  State.  The  party  impeached,  whether 
convicted  or  acquitted,  sliall  nevertheless  be  liable  to 
be  indicted,  tried  and  punished  according  to  law. 
.^(A-.,  87;  (nearly  similar,)  f'«/.,  98;  J/o.,  359. 
— The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  and  all  impeachments  shall 
be  tried  by  the  Senate;  and  when  setting  for  that 
purpose,  the  Senators  shall  be  on  oath  or  affirmation 
to  do  justice  according  lo  law  and  evidence.  When 
the  Governor  shall  be  tried,  the  Chief  Ju.stice  of  the 
Supreme  Court  shall  preside,  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-tliirds  of 
all  the  Senators  elected;  and  tor  rea.sonable  cause 
which  shall  not  be  sufficient  ground  for  impeachment, 
the  Governor  shall,  on  the  joint  address  of  two-thirds 
of  each  branch  of  the  Legislature,  remove  from  office 
the  Judges  of  the  Supreme  and  inferior  Courts;  Pro- 
vided, The  cause  or  causes  of  removal  be  spread  on 
the  journals,  and  the  party  charged  be  notified  of  the 
same,  and  heard  by  himself  and  counsel  before  the 
vote  is  finally  taken  and  d.^cided.  Ar/c,  87. 
— The  Governor  and  all  other  executive  and  judicial 
officers  shall  be  liable  to  impeachment ;  but  judg- 
ments in  such  cases  shall  not  extend  further  than  to 
removal  from  office  and  disqualification  to  hold  any 
office  of  honor,  trust,  or  profit  under  this  State. 
The  party  convicted  shall  nevertheless  be  liable  and 
subject  to  indictment,  trial  and  punishment  according 
to  law.  Ct,  113;  D,^!.,  121;  FL,  136;  III,  153; 
K'ln..  200;  A>,  218;  Miss.,  342;  Ohio,  434;  R.  I., 
480. 

— When  the  Governor  is  impeached  the  Chief  Justice 
shall  preside.  [Ct,  113] ;  but  have  no  vote  thereon. 
N.  H.,  405. 

— The  power  of  impeachment  shall  be  vested  in  the 
House  of  Representatives.  Fl,  136;  La.,  232. 
— All  impeachments  shall  be  tried  by  the  Senate; 
when  sitting  for  that  purpose  the  Senators  shall  be 
upon  oath  or  affirmation  ;  and  no  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  the 
members  present.  FL,  136;  Oa.,  144;  Kq.,  218; 
J/e.,  243;  J/«w.,  342;  Pa.,  464;  «C.,  487;  Tex., 
518;    Vt,  529. 

—  Judgment  in  cases  of  impeachment,  shall  not 
extend  further  than  removal  from  office,  and  disquali- 
fication to  hold  and  enjoy  any  office  of  honor,  profit 
or  trust,  within  this  State;  but  the  party  convicted 
shall,  nevertheless,  be  liable  and  subject  to  indictment, 
trial,  judgment  and  punishment  according  to  law. 
Ga.,  144 ;  La.,  232 ;  Me.,  243 ;  N.  IL,  405 ;  A'!  Ji,  4 1 9 ; 
N.  a,  4J9;  Pa.,  464;  Tex.,  518;  Vt.,  529;  W.  Va., 
548;    Wis,bQ>b. 

-  -The  House  of  Representatives  shall  have  the  sole 
power  of  impeaching ;  but  a  majority  of  all  the  mem- 
bers elected,  must  concur  in  an  impeachment.  All 
impeachments  shall  be  tried  by  the  Senate ;  and  when 
sitting  for  that  purpose,  the  Senators  .shall  be  upon 
oath,  or  affirmation,  to  do  justice  according  to  law 
and  evidence.  No  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  Senators  elected. 
lU.,  153. 


— The  Governor  and  all  other  civil  officers  shall  be 
liable  to  impeachment  for  misdemeanor  in  office  dur- 
ing their  continuanoo  in  office,  and  for  two  years 
thereafter.  /«.,  150;  N.  J.  iiO. 
— All  State  officers  shall,  for  crime,  incapacity,  or 
negligence,  be  liable  to  be  removed  from  office,  either 
by  impeachment  by  the  House  of  Representatives,  to 
be  tried  by  the  Senate,  or  by  a  joint  resolution  of  the 
General  Assembly,  two-tliirds  of  the  members  elected 
to  each  branch  voting  iu  either  case  therefor.  Iiid., 
170. 

— All  State,  county,  township,  and  town  officers  may 
be  impeached  or  removed  from  the  office  in  such  man- 
ner as  may  be  prescribed  by  law.  Imi,  170. 
— The  Governor,  Judges  of  the  Supreme  and  District 
Courts,  and  other  State  officer.s,  shall  be  liable  to  im- 
peachment for  any  nii.sdemeanor  or  m.ilfeasance  in 
office;  but  judgment  iu  such  cases  shall  extend  only 
to  removid  from  office,  and  disqualification  to  h'dd  any 
ofiice  of  honor,  trust  or  profit  under  this  State;  but 
the  party  convicted  or  acquitted  shall,  nevertheless, 
be  liable  to  indictment,  trial  and  punishment  accord- 
ing to  law.  All  other  civil  officers  shall  be  tried  for 
misdemeanors  and  malfeasance  in  office,  in  such  man- 
ner as  the  General  Assembly  may  provide.  Iowa,  187. 
— The  judges  of  all  courts  shall  be  liable  to  impo.ich- 
ment;  but  for  any  reasonable  cause,  which  shall  not 
be  sufficient  ground  for  impeachment,  the  Governor 
shall  remove  any  of  them,  on  the  address  of  a  major- 
ity of  the  members  elected  to  each  House  of  the 
General  Assembly.  In  every  such  ca,se  the  cause  or 
causes  for  which  such  removal  may  be  required  shall 
be  stated  at  length  in  the  addres.s,  and  inserted  in  the 
journal  of  eacii  House.  La.,  232. 
— Impeachments  of  the  Governor,  Lieutenant-Gov- 
ernor, Attorney-General,  Secretary  of  State,  State 
Treasurer,  Auditor  of  Public  Accounts,  and  the 
Judges  of  the  Inferior  Courts,  Justices  of  the  Peace 
excepted,  shall  be  tried  by  the  Senate;  the  Chief 
Justice  of  the  Supreme  Court,  or  the  senior  judge 
thereof,  shall  preside  during  the  trial  of  sucli  impeach- 
ment. Impeachments  of  the  Judges  of  tlie  Supreme 
Court  shall  be  tried  by  the  Senate.  When  sitiing  as 
a  court  of  impeachment,  tlie  Senators  shall  be  upon 
oath  or  affirmation,  and  no  person  shall  be  convicted 
without  the  concurrence  of  a  majority  of  the  Senators 
elected.     La.,  233. 

— Tlie  House  of  Representatives  shall  have  the  sole 
power  of  impeachment  Ky ,  218;  J/e.,  242;  Miss., 
342;  Pa.,  464;  li.  I.,  480;  Tmn.,  495. 
— Tliey  [the  Ilonsej  shall  have  the  sole  power  to 
impeach  all  persons  who  have  been  or  may  be  in 
office.      Ga.,  145. 

— All  officers  against  whom  articles  of  impeachment 
may  be  preferred  .shall  be  suspended  from  the  exer- 
cise of  their  functions  during  the  pendency  of  such 
impeachment;  the  appointing  power  may  make  a 
provisional  appointment  to  replace  any  suspended 
officer  until  the  decision  of  the  impeachment.  La., 
232;   Ti-x.,  518. 

— Every  person  holding  any  civil  office  under  this 
State,  may  be  removed,  by  impeachment,  for  misde- 
meanor in  office;  and  every  person  holding  anv  office 
may  be  removed  by  the  Governor,  with  the  advice 
of  the  Council,  on  the  address  of  both  branches  of 
the  Legislature.  But,  before  such  address  shall  pass 
either  House,  the  causes  of  removal  shall  be  stated 
and  entered  on  the  jdurnal  of  the  House  in  which  it 
originated,  and  a  copy  thereof  served  on  the  person 
in  office,  that  he  may  be  admitted  to  a  hearing  m 
his  defense.     Me.,  247. 

— The  House  of  Delegates  shall  have  the  sole  power 
of  impeachment  in  all  cases,  but  a  majority  of  all  the 
members  elected  must  concur  in  an  impeachment; 
all  impeachments  shall  be  tried  by  die  Senate,  and 
when  sitting  for  that  purpose,  the  Senators  shall  be 
on  oath  or  affirmation  to  do  justice  according  to  the 
law  and  evidence,  but  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  all  the 
Senators  elected.     Md.,  262. 

— The  House  of  Representatives  shall  be  the  grand 
inquest   of  this   Commonwealth ;    and   all  impeach- 


109 


ments  made  by  them  shall  be  heard  and  tried  by  the 
Senate.  Mass.,  286;  N.  11,  403. 
— The  Senate  shall  be  a  court,  with  full  authority  to 
hear  and  determine  all  impeachments  made  by  the 
House  of  Representatives,  against  any  officer  or  offi- 
cers of  the  Commonwealth,  for  misconduct  and  mal- 
administration in  their  offices ;  but  previous  to  the 
trial  of  every  impeachment,  the  members  of  the  Senate 
shall,  respectively,  be  sworn  truly  and  impartially  to 
try  and  determine  the  charge  in  question,  according 
to  evidence.  Their  judgment,  however,  shall  not 
extend  further  than  to  removal  from  office,  and  dis- 
qualification to  hold  or  enjoy  any  place  of  honor, 
trust  or  profit,  under  this  Commonwealth;  but  the 
paty  so  convicted  shall  be,  nevertheless,  liable  to 
indictment,  trial,  judgment  and  punishment,  according 
to  the  laws  of  the  land.  Mass.,  28-5. 
— The  House  of  Representatives  shall  have  the  sole 
power  of  impeaching  civil  officers  for  corrupt  conduct 
in  office,  or  for  crimes  or  misdemeanors;  but  a  majority 
of  the  members  elected  shall  be  necessary  to  direct  an 
impeachment.     Mick.,  309. 

— Every  impeachment  shall  be  tried  by  the  Senate. 
When  the  Governor  or  Lieutenant-Governor  is  tried, 
the  Chief  Justice  of  the  Supreme  Court  shall  preside. 
When  an  impeachment  is  directed,  the  Senate  shall 
take  an  oath  or  affirmation  truly  and  impartially  to 
try  and  determine  the  same  according  to  the  evidence. 
No  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  members  elected.  Judgment  in 
case  of  impeachment,  .shall  not  extend  further  than 
removal  from  office ;  but  the  party  convicted  shall  be 
liable  to  punishment  according  to  law.  Mich.,  310. 
— When  an  impeachment  is  directed,  the  House  fo 
Representatives  shall  elect  from  their  own  body  three 
members,  whose  duty  it  shall  be  to  prosecute  such 
impeachment.  No  impeachment  shall  be  tried  until 
the  final  adjournment  of  the  Legislature,  when  the 
Senate  shaU  proceed  to  try  the  same.  Mich.,  310 
Tenn.,  495. 

— No  Judicial  officer  shall  exercise  his  office  after  an 
impeachment  is  directed,  until  he  is  acquitted.  Mich., 
310.        ■ 

— The  Governor  may  make  a  provisional  appoint- 
ment to  fill  a  vacancy  occasioned  by  the  suspension 
of  an  officer  until  he  shall  be  acquitted,  or  until  after 
the  election  and  qualification  of  a  successor.  Mich. 
310. 

— For  reasonable  cause,  which  shall  not  be  sufficient 
ground  for  the  impeachment  of  a  judge,  the  Gov- 
ernor shall  remove  him  on  a  concurrent  resolution  of 
two-thirds  of  the  members  elected  to  each  House 
of  the  Legislature;  but  the  cause  for  which  such 
removal  is  required  shall  be  stated  at  length  in  such 
resolution.     Mich.,  310. 

— The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  through  a  concurrence  of  a 
majority  of  all  the  members  elected  to  seats  therein. 
All  impeachments  shall  be  tried  by  the  Senate;  and 
when  sitting  for  that  purpose,  the  Senators  shall  be 
upon  oath  or  affirmation  to  do  justice  according  to 
law  and  evidence.  No  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  mem- 
bers present.     Min.,  322. 

— The  Governor,  Secretary  of  State,  Treasurer, 
Auditor,  Attorney-General,  and  the  Judges  of  the 
Supreme  and  District  Courts,  may  be  impeached  for 
corrupt  conduct  in  office,  or  for  crimes  and  misde- 
meanors ;  but  judgment  in  such  case  shall  not  extend 
further  than  removal  from  office  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or  profit 
in  this  State.  Tiie  party  convicted  thereof  shall 
nevertheless  be  liable  and  subject  to  indictment,  trial, 
judgment,  and  punishment  according  to  law.  Min., 
329;  A'-ffc,  373. 

— No  officer  shall  exercise  the  duties  of  his  office  after 
he  shall  have  been  impeached,  and  before  his  acquit- 
tal.    Min.,  329. 

— On  the  trial  of  an  impeachment  against  the  Gov- 
ernor,  the  Lieutenant-Governor    shall  not  act  as  a 
member  of  the  court.     Min.,  329. 
— No  person  shall  be  tried  on  impeachment  before  he 
28 


shall  have  been  served  with  a  copy  thereof  at  least 
twenty  days  previous  to  the  day  set  for  trial.  Min., 
329. 

— The  Assembly  shall  have  the  sole  power  of  im- 
peachment. The  concurrence  of  a  majority  of  all  the 
members  elected  shall  be  necessary  to  an  impeach- 
ment. All  impeachments  shall  be  tried  by  the  Senate, 
and  when  sitting  for  that  purpose,  the  Senators  shall 
be  upon  oath  or  affirmation  to  do  justice  according  to 
law  and  evidence.  The  Chief  Justice  of  the  Supreme 
Court  shall  preside  over  the  Senate  while  silting  to 
try  the  Governor  or  Lieutenant-Governor  upon 
impeachment.  No  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  Senators  elected. 
Nev.,  388. 

— The  Governor  and  other  State  and  Judicial  officers, 
except  Justices  of  the  Peace,  shall  be  liable  to  im- 
peachment for  misdemeanor  or  malfeasance  in  office, 
but  judgment  in  such  case  shall  not  extend  further 
than  removal  from  office  and  disqualification  to  hold 
any  office  of  honor,  profit,  or  trust  under  this  State. 
The  party,  whether  convicted  or  acquitted,  shall  nev- 
ertheless be  liable  to  indictment,  trial,  judgment,  and 
punishment  according  to  law.  Nev.,  388. 
— The  Senate  shall  be  a  court,  with  full  power  and 
authority  to  hear,  try  and  determine  all  impeachments 
made  by  the  House  of  Representatives  against  any 
officer  or  officers  of  the  State  for  bribery,  corruption, 
mal-practice  or  mal-administration  in  office;  with 
full  power  to  issue  summons  or  compulsory  process, 
convening  witnesses  before  them ;  but  previous  to 
the  trial  of  any  such  impeachment,  the  members  of 
the  Senate  shall  respectively  be  sworn,  truly  and  im- 
partially to  try  and  determine  the  charge  in  question 
acording  to  evidence.  And  every  officer  impeached 
for  bribery,  corruption,  mal-practice  or  mal-adminis- 
tration in  office  shall  be  served  with  an  attested  copy 
of  the  impeachmeut  and  order  of  the  Senate  thereon, 
with  such  citation  as  the  Senate  may  direct,  setting 
forth  the  time  and  place  of  their  sitting  to  try  the 
impeachment ;  which  service  shall  be  made  by  the 
Sheriff,  or  such  other  sworn  officer  as  the  Senate  may 
appoint,  at  least  fourteen  days  previous  to  the  time  of 
trial ;  and  such  citation  being  duly  served  and 
returned,  the  Senate  may  proceed  in  the  hearing  of 
the  impeachment,  giving  the  person  impeached,  if  he 
shall  appear,  full  liberty  of  producing  witnesses  and 
proofs,  and  of  making  his  defense  by  himself  and 
counsel;  and  may,  also,  upon  his  refusing  or  neg- 
ecting  to  appear,  hear  the  proofs  in  support  of  the  im- 
peachment, and  render  judgment  tliereon,  his  non- 
appearance notwithstanding  ;  and  such  judgment  shall 
have  the  same  force  and  effect  as  if  the  person 
impeaclied  had  appeared  and  pleaded  in  the  trial. 
N.  II.,  404. 

— The  members  of  the  Council  may  be  impeached 
by  the  House  and  tried  by  the  Senate  for  bribery, 
corruption,  mal-practice  or  mal-administration.  N. 
H.,  407. 

— Provided,  nevertheless,  That  whenever  they  [the 
Senate]  shall  sit  on  the  trial  of  any  impeachment, 
they  may  adjourn  to  such  time  and  place  as  they  may 
think  proper,  although  the  Legislature  be  not  assem- 
bled on  such  day  or  at  such  place.  N.  II.,  401. 
— Any  judicial  officer  impeached  shall  be  suspended 
from  exercising  his  office  until  his  acquittal.  N.  J., 
417. 

— The  House  of  As.sembly  shall  have  the  sole  power 
of  impeaching,  by  a  vote  of  a  majority  of  all  the 
members;  and  all  impeachments  shall  be  tried  by 
the  Senate  ;  the  members  when  sitting  for  that  pur- 
pose to  be  on  oath  or  affirmation  "  truly  and  impar- 
tially to  try  and  determine  the  charge  in  question 
according  to  evidence  ;"  and  no  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  all 
the  members  of  the  Senate.  N.  J,  i\7. 
— The  House  of  Commons  shall  have  the  sole  power 
of  impeachment.  The  Senate  shall  have  the  sole 
power  to  try  all  impeachments.  No  person  shall  be 
convicted  upon  any  impeachment,  unless  two-thirds 
of  the  Senators  present  shall  concur  in'  such  con- 
viction ;  and   before  the  trial  of  any  impeachment, 


110 


1  §  2.  There  sball  be  a  Court  of  Appeals,  composed  of  eight  judges,  of  whom 

2  four  shall  be  elected  by  the  electors  of  the  State  for  eight  years,  and  four 

3  selected  from  the  class  of  Justices  of  the  Supreme  Court  having  the  shortest 

4  time  to  serve.    Provision  shall  be  made  by  law  for  designating  one  of  the 

5  number  elected  as  Chief  Judge,  and  for  selecting  such  Justices  of  the  Supreme 
C  Court,  from  time  to  time,  and  for  so  classifying  those  selected,  that  one  shall 


7  be  elected  every  second  year. 

the  members  of  the  Senate  shall  take  an  oath  or  affir- 
mation truly  and  impartially  to  try  and  determine 
tlie  charge  in  question,  according  to  evidence.     JV. 

—  The  Governor,  Judges  of  the  Supreme  Court,  and 
Judges  of  the  Superior  Courts,  and  all  other  officers  of 
this  State  (except  Justices  of  the  Peace  and  militia 
officers),  may  be  impeached  for  willfully  violating  any 
article  of  tJie  Constitution,  raal-administration  or 
corruption.     N'.  C,  429. 

— That  the  Governor  and  other  officers  offending 
against  the  State,  by  violating  any  part  of  this  Con- 
stitution, maladministration,  or  corruption,  may  be 
prosecuted,  on  the  impeachment  of  the  General 
Assembly,  or  presentment  of  the  Grand  Jury  of  any 
court  of  supreme  jurisdiction  in  this  State.  N.  C., 
425. 

— Public  officers  shall  not  be  impeached;  but  incom- 
petency, corruption,  malfeasance,  or  delinquency  in 
office  may  be  tried  in  the  same  manner  as  criminal 
offense.o,  and  judgment  may  be  given  of  dismissal 
from  office,  and  such  further  punishment  as  may  have 
been  prescribed  by  law.  Or.,  455. 
— The  Governor,  and  all  other  civil  officers  under 
this  Commonwealth,  shall  be  liable  to  impeachment 
for  any  misdemeanor  in  office.  Pa.,  464. 
— A  vote  of  two-thirds  of  all  the  members  elected 
shall  be  required  for  an  impeachment  of  the  Gover- 
nor. Any  officer  impeached  shall  thereby  be  sus- 
pended from  office  until  judgment  in  the  case  shall 
have  been  pronounced.  R.  I.,  4H0. 
— All  impeachments  shall  be  tried  by  the  Senate;  and 
when  sitting  for  that  purpose,  they  shall  be  under 
oath  or  affirmation.  No  person  shall  be  convicted 
except  by  vote  of  two-thirds  of  the  members  elected. 
When  the  Governor  is  impeached,  the  Chief  or  Pre- 
siding Justice  of  the  Supreme  Court  for  the  time 
being,  shall  preside,  with  a  casting  vote  in  all  prelim- 
inary questions.     R.  I,  480. 

— The  Governor,  Lieutenant-Governor  and  all  civil 
officers  shall  be  liable  to  impeachment  for  high  crimes 
and  misdemeanors,  for  any  misbehavior  in  office,  for 
corruption  in  procuring  office,  or  for  any  act  which 
shall  degrade  their  official  character.  But  judgment 
in  such  cases  shall  not  extend  further  than  to  removal 
from  office,  and  di.squahfication  to  hold  any  office  of 
honor,  trust  or  profit  under  this  State.  The  party 
convicted  shall,  nevertheless,  be  liable  to  indictment, 
trial,  judgment  and  punishment  according  to  law. 
S.  a,  4^7. 

— The  House  of  Representatives  shall  have  the  sole 
power  of  impeaching,  but  no  impeachment  shall  be 
made  unle.ss  with  the  concurrence  of  two-thirds  of 
the  House  of  Representatives.  S.  C,  487. 
— All  impeachments  .shall  be  tried  by  the  Senate; 
when  sitting  for  that  purpose,  the  Senators  shall  be 
upon  oath  or  affirmation.  No  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  the 
Senators  sworn  to  try  the  officer  impeached.  Tenn., 
495. 

— The  Governor,  Judges  of  the  Supreme  Court, 
Judges  of  Inferior  Courts,  Chancellors,  Attorneys  for 
the  State,  ^nd  Secretary  of  State,  shall  be  liable  to 
impeachment,  whenever  they  may,  in  the  opinion  of 
the  House  of  Representatives,  commit  any  crime  in 


their  official  capacity,  which  may  require  disqualifi- 
cation ;  but  judgment  shall  only  extend  to  removal 
from  office  and  disqualification  to  fill  any  office  tliere- 
after.  The  party  shall,  nevertheless,  be  liable  to 
indictment,  trial,  judgment,  and  punishment,  accord- 
ing to  law.     Tenn.,  49(i. 

— Impeachments  of  the  Governor,  Lieutenant-Gov- 
ernor, Attorney-General,  Secretary  of  State,  Trea.s- 
urer,  Controller,  and  of  the  Judges  of  the  District 
Court,  shall  be  tried  by  the  Senate.  Tex.,  518. 
— Impeachment  of  Judges  of  tlie  Supreme  Court  shall 
be  tried  by  the  Senate;  when  sitting  as  a  Court  of 
Impeachment,  the  Senators  shall  be  upon  oatli  or 
affirmation  ;  and  no  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  Senators  present. 
Tex.,  518. 

— Tlie  Governor,  Lieutenant-Governor,  Judges  and 
all  others  offending  against  the  State  by  mal-adminis- 
tration,  corruption,  neglect  of  duty,  or  other  high  crime 
or  misdemeanor,  shall  be  impeachable  by  the  House 
of  Delegates,  and  be  prosecuted  before  the  Senate, 
which  shall  have  the  sole  power  to  try  impeachments. 
Va.,  537. 

— Every  officer  of  State,  whether  judicial  -or  execu- 
tive, shall  be  liable  to  be  impeached  by  the  General 
Assembly,  either  when  in  office  or  after  his  resigna- 
tion or  removal  for  maladministration.      Vt.,  529. 

[The  right  to  impeach  State  criminals  is  enumer- 
ated among  the  powers  of  the  House].  Vt.,  523. 
— -The  Senate  may  sit  during  the  recess  of  the  Legis- 
lature for  the  trial  of  impeachments.  W.  Va.,  548. 
— .\ny  officer  of  the  State  may  be  impeached  for  mal- 
administration, corruption,  incompetence,  neglect  of 
duty,  or  any  high  crime  or  misdemeanor.  The  House 
of  Delegates  shall  have  the  sole  power  of  impeach- 
ment. The  Senate  shall  have  the  sole  power  to  try 
impeachments.  When  sitting  for  that  purpose,  the 
Senators  shall  be  on  oath  or  affirmation ;  and  no  per- 
son shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  members  present.  TV!  Va  ,  548. 
— The  court  for  the  trial  of  impeachments  shall  be 
composed  of  the  Senate.  The  House  of  Representa- 
tives shall  havfa  the  power  of  impeaching  all  civil  offi- 
cers of  this  State  for  corrupt  conduct  in  office,  or  for 
crimes  and  misdemeanors;  but  a  majority  of  all  the 
members  elected  shall  concur  in  an  impeachment. 
On  the  trial  of  an  impeachment  against  the  Gov- 
ernor, the  Lieutenant-Governor  shall  not  act  as  a 
member  of  the  court.  No  judicial  officer  shall  exer- 
cise his  office  after  he  shall  have  been  impeached, 
until  his  acquittal.  Before  the  trial  of  an  impeach- 
ment, the  members  of  the  court  shall  take  an  oath  or 
affirmation  truly  and  impartially  to  try  the  impeach- 
ment according  to  evidence ;  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of 
the  menibers  present.     Wis.,  565. 

JUDICIAL  POWER— HOW  VESTED. 

— The  judicial  power  of  this  State  shall  be  vested  in 
one  Supreme  Court,  Circuit  Courts  to  be  held  in  eacli 
county  of  the  State,  and  such  inferior  courts  of  law 
and  equity,  to  consist  of  not  more  than  five  mem-  • 
hers  as  the  General  Assembly  may,  from  time  to 
time,  direct,  ordain  and  establish.     Ala.,  80. 


Ill 


— The  judicial  power  of  this  State  shall  be  vested  in 
one  Supreme  Court,  in  Circuit  Courts,  in  County 
Courts,  and  in  Justices  of  the  Peace.  The  General 
Assembly  may  also  vest  such  jurisdiction  as  may  be 
deemed  necessary  in  Corporation  Courts,  and  when 
they  deem  it  expedient,  may  establish  Courts  of 
Chancery.     Ark..  SO. 

— The  judicial  power  of  this  State  shall  be  vested  in  a 
Supreme  Court,  in  District  Courts,  in  County  Courts, 
in  Probate  Court.';,  and  in  Justices  of  tlie  Peace,  and 
in  such  Recorders'  and  other  inferior  courts  as  the 
Legislature  may  establish  in  any  incorporated  city  or 
town.  C<d ,  (.8  amended  in  18G2). 
— The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court  of  Errors,  a  Superior  Court,  and  such 
Interior  Courts  as  the  General  Assembly  shall,  from 
time  to  time,  ordain  and  establisli,  the  powers  and 
jurisdiction  of  which  courts  shall  be  defined  by  law. 
Ct.,  111. 

— The  judicial  power  of  this  State  shall  be  vested  in 
a  Court  of  Errors  and  Appeals,  a  Superior  Court,  a 
Court  of  Chancery,  an  Orphan's  Court,  a  Court  of 
Oyer  and  Terminer,  a  Court  of  General  Sessions  of  the 
Peace  and  Jail  Delivery,  a  Register's  Court,  Justices 
of  the  Peace,  and  such  other  courts  as  the  General 
Assembly,  with  the  concurrence  of  two-thirds  of  all 
the  members  of  both  Houses  shall  from  time  to  time 
establish.     Del,  121. 

— To  compose  the  said  courts  there  shall  be  five 
Judges  in  the  State.  One  of  them  shall  be  Chancel- 
lor of  the  State;  he  shall  also  be  President  of  the 
Orphan's  Court;  he  may  be  appointed  m  any  part  of 
the  Slate.  The  other  four  Judges  shall  compose  the 
Superior  Court,  the  Court  of  Oyer  and  Terminer,  and 
the  Court  of  General  Sessions  of  the  Peace  and  Jail 
Delivery,  a.s  hereinafter  prescribed.  One  of  them 
shall  be  Chief  Justice  of  the  State,  and  may  be 
appointed  in  any  part  of  it.  The  other  three  Judges 
shall  be  Associate  Judges,  and  one  of  them  shall  reside 
in  each  county.     Del.,  121. 

— The  judicial  power  of  this  State,  both  as  to  matters 
of  law  and  equity,  shall  be  vested  in  a  Supreme  Court, 
Courts  of  Chancery,  Circuit  Courts,  and  Justices  of 
the  Peace,  provided  tlie  General  Assembly  may  also 
vest  such  civil  or  criminal  jurisdiction  as  may  be 
necessary  in  Corporation  Courts,  and  such  other 
courts  as  the  General  Assembly  may  establish :  but 
such  jurisdiction  shall  not  extend  to  criminal  cases. 
Fl.,  133. 

— The  judicial  powers  of  this  State  shall  be  vested  in 
a  Supreme  Court  for  the  Correction  of  Errors,  a  Supe- 
rior, Inferior,  Ordinary  anil  Justices'  Court,  and  in 
such  other  courts  as  have  been,  or  may  be,  established 
by  law.     Ga..  148. 

—The  judicial  power  of  this  State  shall  be,  and  is 
hi  r..'by,  vested  in  one  Supreme  Court,  in  Circuit 
Courts,  in  County  Courts  and  in  Justices  of  the  Peace ; 
Provide'!,  That  inferior  local  c»urts.  of  civil  and  crim- 
inal jurisdiction,  may  be  established  by  the  General 
Assembly  in  the  cities  of  this  State,  but  such  courts 
shall  have  a  uniform  organization  and  jurisdiction  in 
such  cities.     ///.,  159. 

— The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  in  Circuit  Courts  and  in  such  inferior 
courtsastheGeneral  Assembly  may  establish.  Ind.  I7G. 
— The  judicial  power  shall  be  vested  in  a  Supreme 
Court,  District  Courts  and  such  other  courts,  inferior 
to  the  Supreme  Court,  as  the  General  Assembly  may 
from  time  to  time  establish.  Iowa,  1 89. 
— The  judicial  power  of  this  State  shall  be  vested  in 
a  Supreme  Court,  District  Courts,  Probate  Courts, 
Justices  of  the  Peace  and  such  other  courts,  inferior 
to  the  Supr.-me  Court,  as  may  be  provided  by  law ; 
and  all  Courts  of  Recoi-d  shall  have  a  seal  to  be  used 
in  the  authentication  of  all  process.  Kan.,  200. 
— The  judicial  power  of  this  Commonwealth,  both  as 
to  miitters  of  law  and  equity,  shall  be  vested  in  one 
Supreme  Court  (to  be  styled  the  Court  of  Appeals), 
the  courts  established  by  this  Constitution,  and  such 
courts,  inferior  to  the  Sureme  Court,  as  the  General 
Assembly  mav,  from  time  to  time,  erect  and  estab- 
lish.    iTi/.,  214. 


— The  judiciary  power  shall  be  vested  in  a  Supreme 
Court,  in  such  inferior  courts  as  the  Legislature  may, 
from  time  to  time,  order  and  establish,  and  in  Justices 
of  the  Peace.     La.,  231. 

— Tlie  judicial  power  of  this  State  shall  be  vested  in 
a  Supreme  Judicial  Court,  and  such  other  courts  as 
the  Legislature  shall,  from  time  to  time,  establish. 
Me..  240. 

— The  judicial  power  of  this  State  shall  be  vested  in  a 
Court  of  Appeals,  Circuit  Courts,  Orphans'  Courts, 
such  Courts  for  the  city  of  Baltimore  as  may  be  here- 
inafter prescribed  or  provided  for,  and  Justices  of  the 
Peace;  all  said  Courts  shall  be  Courts  of  Record,  and 
each  shall  have  a  seal,  to  be  used  in  the  authentica- 
tion of  all  process  i.ssuing  from  them.  The  process 
and  official  character  of  Justices  of  the  Peace  sliall 
be  authenticated  as  hath  heretofore  been  practiced  in 
this  State,  or  may  hereafter  be  prescribed  by  law. 
Md.,  265. 

— The  judicial  power  is  vested  in  one  Supreme  Court, 
in  Circuit  Courts,  in  Probate  Courts,  and  in  Justices 
of  the  Peace.  Municipal  courts  of  civil  and  criminal 
jurisdiction  may  be  established  by  the  Legislature  in 
cities.     Mich.,  305. 

— The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  District  Courts,  Courts  of  Probate, 
Justices  of  the  Peace,  and  such  other  courts,  inferior 
to  the  Supreme  Court,  as  the  Legislature  may  from 
time  to  time  establish  by  a  two-third  vote.  Min.,  324. 
— The  judicial  power  of  this  State  shall  be  vested  in 
on.e  High  Court  of  Errors  and  Appeals,  and  such 
other  courts  of  law  and  equity  as  are  hereinafter 
provided  for  in  this  Coistitution.  Mss.,  338. 
— The  judicial  power,  as  to  matters  of  law  and  equity, 
shall  be  vested  in  a  Supreme  Court,  in  District  Courts, 
in  Circuit  Courts,  and  in  such  inferior  tribunals  as  the 
General  Assembly  may,  from  time  to  time,  establish. 
Mo ,  357. 

— The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  District  Courts,  Probate  Courts,  Jus- 
tices of  the  Peace,  and  such  inferior  courts  as  the 
Legislature  may  from  time  to  time  establish.  Neb., 
375. 

—  The  judicial  power  of  this  State  shall  be  vested  in  a 
Sup.-eme  Court,  District  Courts,  and  in  Justices  of  the 
Pt-ace.  Tlie  Legislature  may  also  establish  courts  for 
municipal  purposes  only,  in  incorporated  cities  and 
towns.     Nev.,  386. 

— The  judicial  power  .shall  be  vested  in  a  Court  of 
Errors  and  Appeals  in  the  last  resort  in  all  causes,  as 
heretofoi-e ;  a  Court  for  the  trial  of  Impeachments,  a 
Court  of  Chancery,  a  Prerogative  Court,  a  Supreme 
Coi'rt,  Cicuit  Courts,  and  such  inferior  courts  as  now 
exist,  and  as  may  be  hereafter  ordained  and  estab- 
lished by  law  ;  which  inferior  courts  the  Legislature 
may  alter  or  abolish,  as  the  public  good  shall  require. 
N.'J.,417. 

— The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  in  District  Courts,  Couits  of  Common 
Pleas,  Courts  of  Probate,  Justices  of  the  Peace,  and 
in  such  other  courts,  inferior  to  the  Supreme  Court, 
in  one  or  more  counties,  as  the  General  Assembly 
may  from  time  to  time  establish.  Ohio,  436. 
— I'he  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  Circuit  Courts,  and  County  Courts, 
which  shall  be  courts  of  record,  having  general  juris- 
diction, to  be  defined,  limited,  and  regulated  by  law, 
in  accordance  with  this  Constitution,  Justices  of  the 
Peace  may  also  be  invested  with  limited  judicial 
powers,  and  Municipal  Courts  may  be  created  to 
administer  the  regulations  of  incorporated  towns  and 
ciiies.      Or.,  454. 

— Tlie  Judicial  power  of  this  Commonwealth  shall 
be  vested  in  a  Supreme  Court,  in  Courts  of  Oyer 
and  Terminer  and  General  Jail  Delivery,  in  a  Court 
of  Common  Pleas,  Orphans'  Court,  Register's  Court, 
and  a  Court  of  Quarter  Sessions  of  the  Peace,  for 
eich  county;  in  Justices  of  the  Peace,  and  in  such 
other  courts  as  the  Legislature  may  from  time  to 
time  establish.     Pa.,  464. 

— The  Judicial  power  of  this  State  shall  be  vested  in 
one  Supreme  Court,  and  in  such  inferior  courts  as 


112 


the  General  Assembly  may,  from  time  to  time,  or- 
dain and  establish.     R.  I.,  479. 

— The  Judicial  power  shall  be  vested  in  siich  Supe- 
rior and  Interior  Courts  of  Law  and  Equity  as  the 
General  Assembly  shall,  from  time  to  time  direct  and 
establisli.     S.  C,  486. 

—  The  Judges  shall  meet  and  sit  at  Columbia,  at  such 
time  as  the  General  Assembly  may  by  act  prescribe, 
for  the  purpose  of  hearing  and  determining  all  mo- 
tions for  new  trials  and  in  arrest  of  judgment,  and 
such  points  of  law  as  may  be  submitted  to  them;  and 
the  General  Assembly  may  by  act  appoint  such  other 
places  for  such  meetings  as  in  their  discretion  may 
seem  fit.     5.  C,  48G. 

— The  Judicial  power  of  this  State  shall  be  vested  in 
one  Supreme  Court,  in  such  Inferior  Courts  as  the 
Legislature  shall,  from  time  to  time,  ordain  and  estab- 
lish, and  the  Judges  thereof,  and  in  Justices  of  the 
Peace.  The  Legislature  may  also  vest  sucli  jurisdiction 
as  may  be  deemed  necessary  in  Corporation  Courts. 
Tenn.,'idh. 

— The  judicial  power  of  this  State,  shall  be  vested  in 
one  Supreme  Court,  in  District  Courts,  in  County 
Courts,  and  in  such  Corporation  Courts,  and  other 
inferior  courts  or  tribunals  as  the  Legislature  may 
from  time  to  time  ordain  and  establish.  The  Legis- 
lature may  establish  criminal  courts,  in  the  principal 
cities  within  this  State,  with  such  criminal  jurisdic- 
tion, co-extensive  with  the  limits  of  the  county 
wherein  such  city  may  be  situated  and  under  such 
regulations  as  may  be  prescribed  by  law,  and  the 
judge  therein,  may  preside  over  the  courts  of  one  or 
more  cities,  as  the  Legislature  may  direct.  Tex.,  510. 
— There  shall  be  a  Supreme  Court  of  Appeals,  Dis- 
trict Courts,  and  Circuit  Courts.  The  jurisdiction  of 
these  tribunals  and  of  the  judges  thereof,  except  so 
far  as  the  same  is  conferred  by  this  Constitution,  shall 
be  regulated  by  law.  The  judges  shall  be  chosen  by 
the  joint  vote  of  the  two  Houses  of  the  General 
Assembly,  from  persons  nominated  by  the  Governor. 

Va.,  541. 

— The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court  of  Appeals  and  Circuit  Courts,  and 
such  inferior  tribunals  as  are  herein  authorized.      IK 

To.,  5.')2. 

— The  judicial  power  of  this  State,  both  as  to  matters 
of  law  and  equity,  shall  be  vested  in  a  Supreme 
Court,  Circuit  Courts,  Courts  of  Probate,  and  Jus- 
tices of  the  Peace.  The  Legislature  may  also  vest 
such  jurisdiction  as  shall  be  deemed  necessary  in 
Municipal  Courts,  and  shall  have  power  to  establish 
inferior  courts  in  the  several  counties,  with  limited 
civil  and  criminal  jurisdiction ;  Provided,  That  the 
jurisdiction  which  may  be  vested  in  Municipal  Courts 
shall  not  exceed  in  their  respective  municipalities, 
that  of  Circuit  Courts,  in  their  respective  circuits,  as 
prescribed  in  this  Constitution ;  and  that  the  Legis- 
lature shall  provide  as  well  for  the  election  of  Judges 
of  the  Municipal  Courts  as  of  the  judges  of  inferior 
courts,  by  the  qualified  electors  of  the  respective 
jurisdiciious.  The  term  of  office  of  the  judges  of 
the  said  municipal  and  inferior  courts  shall  not  be 
longer  than  that  of  the  judges  of  the  Circuit  Court. 

IT'is.,  565. 


COURTS  OF  ERROR  AND  OF  APPEAL. 

— When  the  Superior  Court  consider  that  a  question 
of  law  ought  to  be  decided  before  all  the  judges,  they 
shall  have  power,  upon  the  application  of  either  party, 
to  direct  it  to  be  heard  in  the  Court  of  Errors  and 
Appeals;  and  in  that  case  the  Chancellor  and  four 
judges  .shall  compose  the  Court  of  Errors  and  Appeals, 
the  Chancellor  presiding,  and  any  four  of  them  being 
a  quorum ;  and  in  the  absence  of  the  Chancellor  the 
Chief  Justice  shall  preside.  The  Superior  Court,  in 
exercising  this  power,  may  direct  a  cause  to  be  pro- 
ceeded into  verdict  and  judgment  in  that  Court,  or  to 
be  otherwise  proceeded  in,  as  shall  be  best  for  expe- 
diting justice.     Del,  121. 


— Upon  appeal  from  the  Court  of  Chancery,  the 
Court  of  Errors  and  Appeals  shall  consist  of  the 
Cliief  Justice  and  three  Associate  Judges;  any  of 
them  shall  be  a  quorum.  Del.,  122. 
— The  Court  of  Errors  and  Appeals  shall  have  juris- 
diction to  issue  writs  of  error  to  the  Superior  Court, 
ami  to  receive  appeals  from  the  Court  of  Chancery, 
and  to  determine  finally  all  matteis  in  error  in  the 
judgments  and  proceedings  of  said  Superior  Court, 
and  all  matters  of  appeal  in  the  interlocutory  or  final 
decrees  and  procecclirgs  in  chancery.  The  Court  of 
Errors  and  Appeals,  upon  a  writ  of  error  to  the 
Superior  Court,  sliall  consist  of  three  judges  at  least, 
that  is  to  say,  the  Chancellor  who  shall  preside,  the 
Associate  Judge,  who  could  not,  on  account  of  hi.? 
residence,  sit  in  the  cause  below,  and  one  of  the 
judges  who  did  sit  in  the  said  cause.  [The  order  in 
,  which  the  Judires  of  Superior  Court  are  to  preside  in 
detail.]     Del,  121. 

— Tlie  Court  of  Appeals  shall  have  appellate  jurisdic- 
tion only,  which  shall  be  co-extensive  with  the  State, 
under  such  restrictions  and  regulations,  not  repugnant 
to  this  Constitution,  as  may,  from  time  to  time,  be 
prescribed  by  law.     A'y.,  214. 

— The  Judges  of  the  Court  of  Appeals  shall,  after  their 
first  term,  hold  their  offices  for  eight  years,  fi-oin  and 
afier  their  election,  and  until  their  successors  shall  be 
duly  qualified,  subject  to  the  conditions  hereinafter 
prescribed  ;  but  for  any  reasonable  cause,  the  Gover- 
nor shall  remove  any  of  them  on  the  address  of  two- 
thirds  of  each  House  of  the  General  Assembly ; 
Provided,  hoivever,  Tliat  the  cause  or  causes  for  which 
such  removal  may  be  required,  sliall  be  stated  at 
length  in  such  address,  and  on  the  journal  of  each 
House.  They  shall,  at  stated  times,  receive  for  their 
services  an  adequate  compensation,  to  be  fixed  by 
law,  which  shall  not  be  diminished  during  the  time 
for  wliich  they  sh.ill  have  been  elected.  Kij.,  214. 
— The  Court  of  Appeals  shall  consist  of  four  judges, 
any  three  of  whom  may  constitute  a  court  for  the 
transaction  of  business.  The  General  As.sembly,  at 
its  first  session  after  the  adoption  of  this  Constitution, 
shall  divide  the  State,  by  counties,  into  four  districts, 
as  nearly  equal  in  voting  population,  and  with  as 
convenient  limits  as  may  be,  in  each  of  which  the 
qualified  voters  shall  elect  one  Judge  of  the  Court  of 
Appeals;  Provided,  That  whenever  a  vacancy  shall 
occur  in  said  court,  from  any  cause,  the  General 
Assenil)ly  shall  have  the  power  to  reduce  the  number 
of  judges  and  districts;  but  in  no  event  shall  there  be 
less  than  three  judges  and  districts.  Should  a  change 
in  the  number  of  the  Judges  of  the  Court  of  .Appeals 
be  made,  the  term  of  office  and  number  of  districts 
shall  be  so  changed  as  to  preserve  the  principle  of 
electing  one  judge  every  two  years.  Ky.,  215. 
— The  Court  of  Appeals  shall  hold  its  sessions  at  the 
seat  of  government  unless  otherwise  directed  by  law, 
but  the  General  Assembly  may,  from  time  to  time, 
direct  that  said  Court  shall  hold  sessions  in  any  one 
or  more  of  said  districts.  Ky.,  215. 
— The  General  Assembly  shall  provide  for  an  addi- 
tional judge  or  judges,  to  constitute,  with  the  remain- 
ing judge  or  judges,  a  special  court  for  the  trial  of 
such  cause  or  cau.ses  as  may,  at  any  time  be  pending 
in  the  Court  of  Appeals,  on  the  trial  of  which  a 
majority  of  the  judges  cannot  sit,  on  account  of 
interest  in  the  event  of  the  cause  ;  or  on  account  of 
their  relationship  to  either  party;  or  when  a  judge 
may  have  been  euifiloyed  in  or  decided  the  cause  in 
the  inferior  Court.     Ky.,  216. 

— The  Court  of  Appeals  shall  consist  of  a  Chief  Jus- 
tice and  four  Associate  Justices,  and  for  their  selec- 
tion the  State  shall  be  divided  into  five  judicial  dis- 
tricts; and  one  of  the  Justices  of  the  Court  of 
Appeals  shall  be  elected  from  each  of  said  districts, 
by  the  qualified  voters  of  the  whole  State.  The 
present  Chief  Justice  and  Associate  Justices  of  the 
Court  of  Appeals  shall  continue  to  act  as  such  until  ttie 
expiration  of  the  term  lor  whicli  they  were  respectively 
eleced,  and  until  their  successors  are  elected  and 
qualified;  and  an  election  for  a  Justice  of  the  Court 
of  Appeals,  to  be  taken  from  the  fourth  judicial  dis- 


113 


trict,  shall  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  the  month  of  November,  eighteen  hun- 
dred and  sixty-four.     Md.,  267. 

— The  Court  of  Appeals  shall  hold  its  sessions  in  the 
city  of  Annapolis,  on  the  first  Monday  in  April  and 
the  first  Monday  in  October  of  each  and  every  year, 
or  at  such  other  times  as  the  General  Assembly  may 
bylaw  direct,  and  it  shall  be  competent  for  the  jus- 
tices of  said  court,  suflicient  cause  appearing  to  them, 
temporarily  to  transfer  their  sittings  elsewhere.  Md., 
2ti7. 

— The  jurisdiction  of  the  Court  of  Appeals  shall  be 
co-extensive  with  the  limits  of  the  State,  and  such  as 
now  is  or  may  hereafter  be  prescribed  for  it  by  law, 
and  its  sessions  shall  continue  for  not  less  than  ten 
months  in  the  year,  if  the  business  before  it  shall  so 
require.     Md.,  267. 

— Any  three  of  the  Justices  of  the  Court  of  Appeals 
may  constitute  a  quorum,  but  no  cause  shall  be  decided 
without  the  concurrence  of  at  least  three  justices  in 
the  decision;  and,  in  every  case  decided,  an  opinion 
in  writing  shall  be  filed  within  three  months  after  the 
argument  or  submission  of  the  cause,  and  the  judg- 
ment of  the  court  shall  be  final  and  conclusive.  Md., 
267. 

— Provision  shall  be  made  by  law  for  publishing 
reports  of  all  causes  argued  and  determined  in  the 
Court  of  Appeals,  which  the  justices  shall  designate 
as  proper  for  publication.  Md.,  267. 
— The  High  Court  of  Errors  and  Appeals  shall  consist 
of  three  judges,  any  two  of  whom  shall  form  a  quo- 
rum. The  Legislature  shall  divide  the  State  into 
three  districts,  and  the  qualified  electors  of  each  dis- 
trict shall  elect  one  of  said  judges  for  the  term  of  six 
years.     Mis.^.,  338. 

— The  High  Court  of  Errors  and  Appeals  shall  be 
held  at  least  once  in  each  year,  at  the  seat  of  govern- 
ment, and  at  such  other  place  or  places  in  the  State 
as  the  Legislature  may  direct.  Mins.,  339. 
— The  High  Court  of  Errors  and  Appeals  shall  have 
no  jurisdiction,  but  such  as  properly  belongs  to  a  Court 
of  Errors  and  Appeals.  Miss.,  338. 
— The  Clerk  of  the  High  Court  of  Errors  and  Appeals 
shall  be  appointed  by  the  said  Court  for  the  terra  of 
four  years,  and  the  Clerks  of  the  Circuit,  Probate,  and 
other  inferior  courts,  shall  be  elected  by  the  qualified 
electors  of  the  respective  counties,  and  shall  hold  their 
offices  for  the  term  of  two  years.  Miss.,  339. 
— The  Court  of  Errors  and  Appeals  shall  consist  of 
the  Chancellor,  the  Justices  of  the  Supreme  Court, 
and  six  judges,  or  a  major  part  of  them  ;  which  judges 
are  to  be  appointed  for  six  years.  N.  J.,  417. 
— The  Supreme  Court  of  Appeals  shall  consist  of  three 
Judges,  so  chosen,  any  two  of  whom  may  hold  a 
court.  It  shall  have  appellate  jurisdiction  only,  except 
in  cases  of  habeas  corpus,  mandamus  and  prohibition. 
It  shall  not  have  jurisdiction  in  civil  cases  where  the 
matter  in  controversy,  exclusive  of  costs,  is  less  in 
value  or  amount  than  five  hundred  dollars,  except  in 
controversies  concerning  the  title  or  boundaries  of 
land,  the  probate  of  a  will,  the  appointment  or  quali- 
fication of  a  personal  representative,  guardian,  com- 
mittee or  curator;  or  concerning  a  mill,  road,  way, 
ferry  or  landing,  or  right  of  a  corporation  or  of  a 
county  to  lay  tolls  or  taxes,  and  except  in  cases  of 
habeas  corpus,  mandamus  and  prohibition,  or  cases 
involving  freedom  or  the  constitutionaUty  of  a  law. 
To.,  542. 

— Special  Courts  of  Appeals,  to  consist  of  not  less 
than  three  nor  more  than  five  Judges,  may  be  formed 
of  the  Judges  of  the  Supreme  Court  of  Appeals,  and 
of  the  Circuit  Courts,  or  any  of  them,  to  try  any 
cases  being  on  the  dockets  of  the  Supreme  Court  of 
Appeals  when  this  Constitution  goes  into  operation  ; 
or  to  try  any  cases  which  may  be  on  the  dockets 
of  the  Supreme  Court  of  Appeals,  in  respect  to  which 
a  majority  of  the  judges  of  said  court  may  be  so  situ- 
ated as  to  make  it  improper  for  them  to  sit  on  the 
hearing  thereof  And  a  special  Court  of  Appeals,  to 
consist  of  not  less  than  three  nor  more  than  five 
judges,  may  be  formed  of  the  Judges  of  the  Circuit 
Courts,  to  exercise  the  jurisdiction  and  perform  the 
29 


duties  of  the  Supreme  Court  of  Appeals  and  of  the 
judges  thereof,  until  the  Judges  of  the  Supreme 
Court  of  Appeals  shall  have  been  duly  chosen  and 
qualified.      Va.,  542. 

— When  a  judgment  or  decree  is  reversed  or  affirmed 
by  the  Supreme  Court  of  Appeals,  the  reasons  there- 
for -shall  be  stated  in  writing,  and  preserved  with  the 
record  of  the  case.     Va.,  542. 

— The  Supreme  Court  of  Appeals  shall  consist  of  the 
three  judges,  any  two  of  whom  shall  be  a  quorum. 
They  shall  be  elected  by  the  voters  of  the  State,  and 
shall  hold  their  olBces  for  the  term  of  twelve  years, 
except  that  of  those  first  elected,  one  to  be  desig- 
nated by  lot  in  such  manner  as  they  may  determine, 
shall  hold  his  office  for  four  years ;  another  to  be  des- 
ignated in  like  manner,  for  eight  years,  and  the  third 
for  twelve  years ;  so  that  one  shall  be  elected  every 
four  years  after  the  first  election.  IK  Va.,  553. 
— Tlie  Supreme  Court  of  Appeals  shall  have  original 
jurisdiction  in  cases  of  habeas  corpus,  mandamus  and 
prohibition.  It  shall  have  appellate  jurisdiction  in 
civil  cases  where  the  matter  in  controversy,  exclusive 
of  costs,  is  of  greater  value  or  amount  thaa  two 
hundred  dollars;  in  controversies  concerning  the 
title  or  boundaries  of  land,  the  probate  of  wills,  the 
appointment  or  qualification  of  a  personal  represent- 
ative, guardian,  committee,  or  curator,  or  concerning 
a  mill,  road,  way,  ferry,  or  landing,  or  the  right  of  a 
corporation  or  county  to  levy  tolls  or  taxes;  and 
also  in  cases  of  habeas  corpus,  mandamus  and  prohi- 
bition, and  cases  involving  freedom,  or  the  constitu- 
tionality of  a  law.  It  shall  have  appellate  jurisdic- 
tion in  criminal  cases  where  there  has  been  a  convic- 
tion for  felony  or  misdemeanor  in  a  Circuit  Court, 
and  such  other  appellate  jurisdiction  in  both  civil  and 
criminal  cases  as  may  be  prescribed  by  law.  W.  Va., 
553. 

— When  a  judgment  or  decree  is  reversed  or  affirmed 
by  the  Supreme  Court  of  Appeals,  every  point  made 
and  distinctly  stated  in  writing  in  the  cause,  and 
fairly  arising  upon  the  record  of  the  case,  shall  be 
considered  and  decided,  and  the  reasons  therefor 
shall  be  concisely  and  briefly  stated  in  writing  and 
preserved  with  the  records  of  the  case.     W.  Va.,  553. 


COURT  OF  CHANCERY. 

[Appointment  and  powers  of  Chancellor  noticed], 
N.  Y.  (1777),  26,  30,  31. 

— The  Chancellor  and  Justices  of  the  Supreme  Court, 
shall  hold  their  offices  during  good  behavior,  or  until 
they  shall  attain  the  age  of  sixty  years. 
— The  Governor  shall  nominate,  and  with  the  con- 
sent of  the  Senate,  appoint  masters  and  examiners  in 
chancery ;  who  shall  hold  their  offices  for  three  years, 
unless  sooner  removed  by  the  Senate,  on  the  recom- 
mendation of  the  Governor.  The  registers  and  assist- 
ant registers,  shall  be  appointed  by  the  Chancellor, 
and  hold  their  offices  during  his  pleasure.  N.  T. 
(1821),  40. 

— The  General  Assembly  shall  have  power  to  estab- 
lish a  court  or  courts  of  Chancery,  with  original  and 
appellate  equity  jurisdiction ;  Provided,  That  the 
Judges  of  the  several  Circuit  Courts  shall  have  power 
to  issue  writs  of  injunction,  returnable  into  the  Courts 
of  Chancery.     Ala.,  80. 

— Until  the  General  Assembly  shall  deem  it  expedi- 
ent to  establish  Courts  of  Chancery,  the  Circuit  Courts 
shall  have  jurisdiction  in  matters  of  equity,  subject  to 
appeal  to  the  Supreme  Court,  in  such  manner  as  may 
be  prescribed  by  law.  Ark.,  91. 
— In  matters  of  Chancery  jurisdi(^tion  in  which  the 
Chancellor  is  interested,  the  Chief  Justice  sitting  in 
the  Superior  Court  without  the  Associate  Judges,  shall 
have  jurisdiction,  with  an  appeal  to  the  Court  of 
Errors  and  Appeals,  which  shall  consist  in  this  case 
of  the  three  Associate  Judges,  the  senior  A.ssociate 
Judge  presiding.     Del.,  122. 

— The  Chancellor  shall  liold  the  Court  of  Chancery. 
This  court  shall  have  all  the  powers  vested  by  the 
laws  of  this  State  in  the  Court  of  Chancery.  Del.,  121. 


114 


1  §3.  There  shall  be  a  Supreme  Court  having  general  jurisdiction  in  law 

2  and  equity. 

1  S  4.  The  State  shall  be  divided  into  eight  judicial  districts,  of  which  the 

2  city  of  New  York  shall  be  one ;  the  others  to  be  bounded  by  county  lines,  and 

3  to  be  compact  and  equal  in  population  as  nearly  as  may  be.    There  shall  be 

4  four  Justices  of  the  Supreme  Court  in  each  district,  and  as  many  more  in  the 

5  district  composed  of  the  city  of  New  York  as  may  from  time  to  time  be 


— Until  the  General  Assembly  shall  otherwise  pro- 
vide, the  Chancellor  shall  exercise  all  the  powers 
•which  any  law  ot  the  State  vests  in  the  Chancellor 
besides  the  general  powers  of  the  Court  of  Chancery ; 
and  the  Chief  Justice  and  Associate  Judf;es  shall  each 
singly  exercise  all  the  powers  which  any  law  of  this 
State  vests  in  the  Judges  singly  of  the  Supreme 
Court  or  Court  of  Common  Pleas.  Del,  123. 
— By  the  death  of  any  party,  no  suit  in  Chancery  or 
at  law,  where  the  cause  of  action  survives,  shall  abate, 
but  until  the  Legislature  shall  otherwise  provide, 
suggestion  of  such  death  being  entered  of  record,  the 
executor  or  administrator  of  a  deceased  petitioner  or 
plaintiff  may  prosecute  the  said  suit;  and  if  a  respon- 
dent or  defendant  dies,  the  executor  or  administrator 
being  duly  served  with  a  sdre  facias,  Uiirty  days 
before  the  term  thereof,  shall  be  consi.lered  as  a  party 
to  tlie  suit,  in  the  same  manner  as  if  he  had  volunta- 
rily made  himself  a  party ;  and  in  any  of  those  cases, 
the  court  shall  pa<s  a  decree,  or  render  judgment  for 
or  against  the  executors  or  administrators,  as  to  right 
appertains.  But  where  an  executor  or  administrator 
of  adeceased  respondent  or  defendant  becomes  a  party 
the  court,  upon  motion,  shall  grant  such  a  continu- 
ance of  the  canse  as  to  the  judges  shall  appear  proper. 
Dd,  124. 

— VVhenever  a  person,  not  being  an  executor  or  admin- 
istrator, appeals  from  a  decree  of  the  Chancellor,  or 
applies  for  a  writ  of  error,  such  appeal  or  writ  shall 
be  no  stay  of  proceeding  in  the  Chancery,  or  the  court 
to  which  the  writ  issues,  unless  the  appellant  or  plain- 
tiffin  error  shall  give  sufficient  security,  to  be  approved 
respectively  by  the  Chancellor,  or  by  a  judge  of  the 
court  from  which  the  writ  issues,  that  the  appellant 
or  plaintiff  in  error  shall  prosecute  respectively  his 
appeal  or  writ  to  effect,  and  pay  the  condemnation 
money  and  all  costs,  or  otherwise  abide  the  decree  in 
appeal  or  the  judgment  in  error,  if  he  fail  to  make  his 
plea  good.     Del.,  1 24. 

-That  whenever  the  General  Assembly  shall  create 
a  Chancery  Court,  under  the  pmvisions  of  this  Con- 
stitution, the  Judges  thereof  shall  be  elected  in  the 
manner  provided  in  the  last  two  sections  uf  this  arti- 
cle, and  shall  hold  their  offices  and  be  subject  to  all 
the  provisions  of  said  sections;  Provided,  however. 
That  the  said  Judges  shall  be  elected  by  general  ticket 
or  by  districts,  as  the  General  Assembly  may  direct. 
Fla,  134. 

— The  Court  of  Chancery  shall  consist  of  a  Chancellor. 
N.  J.,  417. 

— The  Chancellor  shall  be  the  Ordinary,  or  Surrogate- 
General,  and  Judge  of  the  Prerogative  Court.  N.  J., 
417. 

— When  an  appeal  from  an  order  or  decree  shall  be 
heard,  the  Chancellor  shall  inform  the  Court,  in 
writing,  of  the  reason  for  his  order  or  decree ;  but  he 
shall  not  sit  as  a  member,  or  have  a  voice  in  the  hear- 
ing or  final  sentence.  A''. /,  417. 
— A  future  Legislature  may,  when  they  shall  conceive 
the  sauie  to  be  expedient  and  necessary,  erect  a  Court 
of  Chancery,  with  such  powers  as  are  usually  exer- 
cised by  that  court,  or  as  shall  appear  fur  the  interest 
of  the  Commonwealth;  Provided,  They  do  not  con- 
stitute themselves  the  judges  of  said  court.  Vl.,  523. 
— Chancery  Courts,  with  full  jurisdiction  in  all  mat- 


ters of  equity,  shall  be  held  in  each  judicial  district 
by  the  Circuit  Judge  thereof,  at  such  times  and  places 
as  may  be  directed  by  law.  The  Superior  Court  of 
Chancery,  and  the  several  Vice-Chancery  Courts  shall 
contiime  as  now  organized,  until  the  first  Monday  in 
November,  1857,  for  the  disposition  of  causes  now 
depending  therein.  The  Legislature  shall  provide  by 
law  for  the  preservation  of  the  records  of  the  said 
Superior  Court  of  Chancery  and  of  said  Vice-Chan- 
cery Courts,  and  also  for  the  trimsfer  of  all  causes 
that  may  remain  undetermined  therein,  to  other 
courts  for  final  decision.     Miss.,  339. 


SUPRB3IE  COURT— ORGANIZATION— TERMS 
AND  MISCELLANEOUS  PROVISIONS. 

— The  Supreme  Court  sliall  consist  of  a  chief  justice, 
and  two  justices,  any  of  whom  may  hold  the  court. 
N.  Y.  (1821),  41. 

— The  Supreme  Court  shall  be  held  at  the  seat  of 
government;  but,  if  that  shall  have  become  dangerous, 
from  an  enemy  or  from  disease,  may  adjourn  to  a 
different  place.     Ala.,  80. 

— The  Supreme  Court  shall  be  composed  of  three 
Judges,  one  of  whom  shall  be  styled  Chief  Justice, 
any  two  of  whom  shall  constitute  a  quorum,  and  the 
concurrence  of  any  two  of  said  Judges  shall,  in  every 
case,  be  necessary  to  a  decision.  Ark.,  90. 
— The  Supreme  Court  shall  consist  of  a  Chief  Justice 
and  four  assistant  Justices.  The  presence  of  three 
Justices  shall  be  necessary  for  the  transaction  of  busi- 
ness, excepting  such  business  as  may  be  done  at 
chambers;  and  the  concurrence  of  three  Justices  shall 
be  necessary  to  pronounce  a  judgment.  Cal.,  (as 
amended  in  1862). 

— The  times  and  places  of  holding  the  terras  of  the 
several  courts  of  record  shall  be  provided  for  by  law. 
CaL,  (as  amended  in  18G2). 

— The  Superior  Court  shall  consist  of  the  Chief  Jus- 
tice and  two  Associate  Judges.  The  Chief  Justice 
shall  preside  in  every  county,  and  in  his  absence  the 
Senior  Associate  Judge  sitting  in  the  county  shall 
preside.  No  Associate  Judge  shall  sit  in  the  county 
in  which  he  resides.  Two  of  the  said  judges  shall 
constitute  a  quorum.  One  may  open  and  adjourn  the 
court,  and  make  all  rules  necessary  for  tlie  expediting 
of  business. 

This  court  shall  have  jurisdiction  of  all  causes  of  a 
civil  nature,  real,  personal,  and  mixed,  at  common 
law,  and  all  other  the  jurisdiction  and  powers  vested 
by  the  laws  of  this  State  in  the  Supreme  Court  or 
Court  of  Common  Pleas.  Dd.,  121. 
—The  Court  of  Oyer  and  Terminer  shall  consist  of 
all  the  judges  except  the  Chancellor.  Three  of  the 
said  judges  shall  constitute  a  quorum.  One  may  open 
and  adjourn  the  court.  This  court  shall  exercise  the 
jurisdiction  now  vested  in  the  Courts  of  Oyer  and 
Terminer  and  General  Jail  Delivery  by  the  laws  of 
this  State.  In  the  absence  of  the  Chief  Justice  the 
Senior  Associate  present  shall  preside.  Del.,  121. 
— The  Supreme  Court  shall  be  holden  at  such  times 
and  places  as  may  be  prescribed  by  law ;  the  two  - 
Judges  of  the  Circuit  Court  may  be  added  to  the 
Supreme  Court,  when  in  session,  at  the  discretion  of 


115 


6  authorized  by  law,  but  not  to  exceed  in  the  whole  such  number,  in  proportion 

7  to  its  population,  as  shall  be  in  conformity  with  the  number  of  such  judges  in 

8  the  residue  of  the  State  in  proportion  to  its  population.     They  shall  be 

9  classified  so  that  one  of  the  justices  of  each  district  shall  go  out  of  office  at 

10  the  end  of  every  two  years.    After  the  expiration  of  their  terms  under  such 

11  classification,  the  term  of  their  office  shall  be  eight  years. 


the  Legislature;  and  the  court  so  composed  shall 
constitute  the  Suprenne  Court  of  the  State,  when  the 
Legislature  shall  so  direct.  FL,  133. 
— No  duty  not  judicial  slvall  be  imposed  by  law  upon 
the  Justices  of  the  Supreme  Court,  Chancellors  or  the 
Judges  of  the  Circuit  Courts  of  this  State,  except  in 
cases  otherwise  provided  for  in  this  Constitution. 
FL,  135. 

— The  Supreme  Court  shall  hold  one  term  annually  in 
each  of  the  aforesaid  grand  divisions,  at  such  time  and 
place,  in  each  of  said  divisions,  as  may  be  provided  for 
by  law.     Ill,  160. 

— The  Supreme  Court  shall  consist  of  three  judges, 
two  of  whom  shall  form  a  quorum  ;  and  the  concur- 
rence of  two  of  said  judges  sliall  in  all  cases  be  neces- 
sary to  a  decision.     lU.,  160. 

— The  terms  of  the  Supreme  Court  for  the  Fir.st  Divis- 
ion shall  be  held  at  Mount  Vernon,  in  JefFeiSon 
county;  for  the  Second  Division,  at  Springfield,  in 
Sangamon  county  ;  for  the  Tliird  Division,  at  Ottawa, 
in  La  Salle  county ;  until  some  other  place  in  either 
division  is  fixed  by  law.  III.,  162. 
— The  Supreme  Court  shall  consist  of  not  less  than 
three,  nor  more  than  five  judges,  a  majority  of  whom 
shall  form  a  quorum.  They  shall  hold  their  offices 
for  six  years,  if  they  so  long  behave  well.  Ind.,  176. 
— The  Supreme  Court  shall,  upon  the  decision  of  every 
case,  give  a  statement  in  writing  of  each  question 
arising  in  the  record  of  such  case,  and  the  decision  of 
the  court  thereon.     Ind.,  177. 

— The  Supreme  Court  shall  consi.st  of  three  judges, 
two  of  whom  shall  constitute  a  quorum  to  hold  court. 
loiua,  189. 

— The  Supreme  Court  shall  consist  of  one  Chief  Jus- 
tice and  two  Associate  Justices,  a  majority  of  whom 
shall  constitute  a  quorum.  Kan.,  200. 
— The  Supreme  Court  shall  be  composed  of  one  Chief 
Justice  and  four  Associate  Justices,  a  majority  of 
whom  shall  constitute  a  quorum.  La.,  231. 
— No  judgment  shall  be  rendered  by  the  Supreme 
Court  without  the  concurrence  of  a  majority  of  the 
judges  comprising  the  court.  Whenever  the  majority 
cannot  agree,  in  consequence  of  the  recusation  of  any 
member  of  the  court,  the  judges  not  recused  shall 
have  power  to  call  upon  any  judge  or  judges  of  the 
inferior  courts,  whose  duty  it  shall  be  when  so  called 
upon,  to  sit  in  the  place  of  the  judge  or  judges  recused, 
and  to  aid  in  determining  the  case.  La.,  231. 
• — The  Legislature  shall  provide  for  the  removal  of  all 
causes  now  pending  in  the  Supreme  Court  or  other 
courts  of  the  State  under  tlie  Constitution  of  1852,  to 
courts  created  by  or  under  this  Constitution.  La., 
237. 

— For  the  term  of  six  years,  and  thereafter,  until  the 
Legislature  otherwise  provide,  the  Judges  of  the 
several  Circuit  Courts  shall  be  Judges  of  the  Supreme 
Court,  four  of  whom  shall  constitute  a  quorum.  A 
concurrence  of  three  sliall  be  necessary  to  a  final  deci- 
sion. After  six  years  the  Legislature  may  provide  by 
law  for  the  organization  of  a  Supreme  Court,  with 
the  jurisdiction  and  powers  prescribed  in  this  Con- 
stitution, to  consist  of  one  Chief  Justice  and  three 
Associate  Justices,  to  be  chosen  by  the  electors  of  the 
State.  Such  Supreme  Court,  when  so  organized, 
shall  not  be  changed  or  discontinued  by  the  Legisla- 
ture for  eight  years  thereafter.  The  Judges  thereof 
shall  be  so  classified  that  but  one  of  them  shall  go  out 


of  office  at  the  same  time.  Their  term  of  office  shall 
be  eight  years.     Mich.,  305. 

—  Four  terms  of  the  Supreme  Court  shall  be  held 
annually,  at  such  times  and  places  as  may  be  desig- 
nated by  law.     Mich  ,  305. 

--The  Supreme  Court  shall,  by  general  rules,  estab- 
lish, modily  and  amend  the  practice  in  such  court 
and  in  the  Circuit  Courts,  and  simplify  the  same. 
The  Legislature  shall,  as  far  as  practicable,  abolish 
distinctions  between  law  and  equity  proceedings. 
The  office  of  master  in  chancery  is  prohibited.  Mich., 
305. 

— On  the  first  day  of  January,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-two.  the  jurisdiction  of 
all  suits  and  proceedings  then  pending  in  the  present 
Supreme  Courts,  shall  become  vested  in  the  Supreme 
Court  established  by  this  Constitution,  and  shall  be 
fiuidly  adjudicated  by  the  court  where  the  same  may 
be  pending.  The  jurisdiction  of  all  suits  and  pro- 
ceedings at  law  and  equity,  then  pending  in  the 
Circuit  Courts  and  County  Courts  for  the  several 
counties,  shall  become  vested  in  the  Circuit  Courts  of 
the  said  counties,  and  District  Court  for  the  Upper 
Peninsula.     Mich.,  316. 

— The  Supreme  Court,  the  Circuit  and  Probate  Courts 
of  each  county,  shall  be  courts  of  record,  and  shall 
each  have  a  common  seal.  Mich.,  306. 
— The  Supreme  Court  shall  consist  of  one  Chief  Jus- 
tice and  two  Associate  Justices,  but  the  number  of 
Associate  Justices  may  be  increased  to  a  number  not 
exceeding  four,  by  the  Legislature  by  a  two-thirds 
vote,  when  it  shall  be  deemed  necessary.  Min ,  3'24. 
— It  shall  hold  one  or  more  terms  in  each  year,  as  the 
Legislature  msy  direct,  at  the  seat  of  government, 
and  the  Legislature  may  provide  by  a  two-thirds  vote 
that  one  tei-m  in  each  year  shall  be  held  in  each  or 
any  judicial  district.  Min,  324. 
— The  Supreme  Coui't  shall  consist  of  three  judges, 
any  two  of  whom  shall  be  a  quorum ;  and  the  said 
judges  shall  be  conservators  of  the  peace  throughout 
the  State.     Mo.,  357. 

— If,  in  regard  to  any  cause  pending  in  the  Supreme 
Court,  the  judges  sitting  shall  be  equally  divided  in 
opinion,  no  judgment  shall  be  entered  therein,  based 
on  such  division  ;  but  the  parties  to  the  cause  may 
agree  upon  some  person,  learned  in  the  law,  who 
shall  act  as  special  judge  in  the  cau<e,  and  who  shall 
therein  sit  with  the  court,  and  give  decision,  in  the 
same  manner  and  with  the  .same  effect  as  one  of  the 
judges.  If  the  parties  cannot  agree  upon  a  special 
judge  the  court  shall  appoint  one.  Mo.,  357. 
—The  Legislature  may,  after  the  year  one  thousand 
eight  hundred  seventy-five,  increase  the  number  of 
Justices  of  the  Supreme  Court,  and  the  judicial  dis- 
tricts of  the  State.     Neb.,  375. 

— The  Supreme  Court,  the  District  Court,  and  such 
other  courts  as  the  Legislature  shall  designate  shall 
be  courts  of  record.     Nev.,  387. 

— The  Supreme  Court  shall  consist  of  a  Chief  Justice 
and  two  Associate  Justices,  a  ma,jority  of  whom  shall 
constitute  a  quorum  ;  Provided,  That  the  Legislature, 
by  a  majority  of  all  the  members  elected  to  each 
branch  thereof,  may  provide  for  the  election  of  two 
additional  Associate  Justices,  and  if  so  increased,  three 
shall  constitute  a  quorum.  The  concurrence  of  a 
majority  of  the  whole  court  shall  be  necessary  to  ren- 
der a  decision.     Nev.,  386. 


116 


The  terms  of  holding  the  Suprpme  Court  and  Dis- 
trict Courts,  sliall  be  as  fixed  liy  law.  The  terms  of 
the  Supreme  Court  slmll  be  held  at  the  seat  of  gov- 
ernment, and  the  District  Courts  shall  be  held  at  the 
county  seals  of  their  respective  counties;  Provided, 
That  in  case  any  county  shall  hereafter  be  divided 
into  two  or  more  districts,  the  Legislature  may  by 
law  designate  the  places  of  holding  courts  in  such 
districts.     iVei'.,  387. 

— The  terms  of  the  Supreme  Court  shall,  until  pro- 
vision be  made  by  law,  be  held  at  such  times  as  the 
judges  of  the  said  courts,  or  a  majority  of  them,  may 
appoint.  Tlie  first  terms  of  the  several  District 
Courts  (except  as  hereinafter  mentioned)  shall  com- 
mence on  the  first  Monday  of  December,  A.  D., 
eighteen  hundred  and  sixty-four;  the  first  term  of 
the  District  Court  in  the  Fifth  Judicial  District  shall 
commence  on  the  first  Monday  of  December,  A.  D., 
eighteen  hudred  and  sixty-four,  in  the  county  of 
Nye,  and  shall  commence  on  the  first  Monday  of 
January,  A.  D.,  eighteen  hundred  and  sixty-five,  in 
the  county  of  Churchill.  The  terms  of  the  Fourth 
Judicial  District  Court  shall,  until  otherwise  provided 
by  law,  be  held  at  the  county  seat  of  Washoe  county, 
and  the  first  term  tliereof  be  held  on  the  first  Monday 
of  December,  A.  D.,  eighteen  huudrpd  and  sixty-four. 
Nm.,  395. 

—  There  shall  be  but  one  form  of  civil  action,  and  law 
and  equity  may  be  administered  in  the  same  action. 
Ntv.,  387. 

— The  Supreme  Court  shall  consist  of  a  Chief  Justice 
and  four  Associate  Justices.  The  number  of  Asso- 
ciate Justices  may  be  increased  or  decreased  by  law, 
but  sliall  never  be  less  than  two.  N.  J.,  418. 
— The  Supreme  Court  shall  consist  of  five  judges,  a 
majority  of  whom  shall  be  necessary  to  form  a  quo- 
rum, or  to  pronounce  a  decision.  Ohio,  437. 
— It  shall  hold  at  least  one  term  in  each  year  at  the 
seat  of  government,  and  such  other  terms,  at  the  seat 
of  government,  or  elsewhere,  as  may  be  provided  by 
law.  The  Judges  of  the  Supreme  Court  shall  be 
elected  by  the  electors  of  the  State  at  large.  Ohio, 
437. 

— Suits  pending  in  the  Supreme  Court  in  banc  shall 
be  transferred  to  the  Supreme  Court  provided  for  in 
this  Constitution,  and  be  proceeded  in  according  to 
law.     Ohio,  445. 

— The  Supreme  Court  shall  consist  of  four  justices,  to 
be  chosen  in  districts  by  the  electors  thereof,  who 
shall  be  citizens  of  the  United  States,  and  who  shall 
have  resided  in  the  State  at  least  three  years  next 
preceding  their  election,  and  after  their  election  to 
reside  in  their  respective  district.s.  Or.,  454. 
— The  number  of  justices  and  districts  may  be 
increased,  but  shall  not  exceed  five  until  the  wliite 
population  of  the  State  shall  amount  to  one  hundred 
thousand,  and  shall  never  exceed  seven ;  and  the 
boundaries  of  districts  may  be  changed,  but  no  change 
of  district  shall  have  the  effect  to  remove  a  judge 
from  office,  or  require  him  to  change  his  residence 
without  his  consent.     Or.,  454. 

— The  judge  who  has  the  shortest  term  to  serve,  or 
the  oldest  of  several  having  such  shortest  ti^ms,  and 
not  holding  by  appointment,  shall  be  the  Chief  Justice. 
Or.,  454. 

— The  terms  of  the  Supreme  Court  shall  be  appointed 
by  law ;  but  there  shall  be  one  term  at  the  seat  of 
government  annually.  And  at  the  close  of  each  term 
the  judges  shall  file  with  the  Secretary  of  State,  con- 
cise written  statements  of  the  decisions  made  at  that 
term.     Or.,  454. 

— Until  otherwise  directed  by  law,  the  Courts  of 
Common  Pleas  shall  continue  as  at  present  established. 
Not  more  than  five  counties  shall  at  any  time  be 
included  in  one  judicial  district  organized  for  said 
courts.     Pa.,  465. 

— The  Supreme  Court  shall  be  composed  of  three 
judges,  one  of  whom  shall  reside  in  each  of  the  grand 
divisions  of  the  State ;  the  concurrence  of  two  of  said 
judges  shall  in  every  case  be  necessary  to  a  decision. 
— The  Supreme  Court  shall  consist  of  five  Justices, 
any  three  of  whom  shall  constitute  a  quorum.    They 


shall  be  elected  by  the  qualified  voters  of  the  State  at 
a  general  election  for  State  or  county  officers,  and 
they  shall  elect  from  their  own  number  a  presiding 
officer,  to  be  styled  the  Chief  Justice.  Tex.,  510. 
— Tlie  testimony  in  causes  in  equity,  shall  be  taken 
in  like  manner  as  in  cases  at  law ;  and  the  office  of 
Master  in  Clianeery  is  hereljy  prohibited.  Wis.  5G7. 
— The  Supreme  Court  shall  hold  at  least  one  term 
annually,  at  the  seat  of  government  of  the  State,  at 
at  such  time  as  shall  be  provided  by  law,  and  the 
Legislature  may  provide  lor  holding  other  terras,  and 
at  other  places,  when  they  may  deem  it  necessary.  A 
Circuit  Court  shall  be  held  at  least  twice  in  each  year, 
in  each  county  in  this  State,  organized  for  judicial 
purposes.  The  Judge  of  tlie  Circuit  Coift  may  hold 
courts  for  each  other,  and  shall  do  so  when  required 
by  law.      Tl'i'.'!.,  566. 

CIRCUIT  COURTS. 

— The  State  shall  be  divided,  by  law,  into  a  conven- 
ient number  of  circuits,  not  less  than  four,  nor  exceed- 
ing eight,  subject  to  alteration,  by  the  Legislature, 
from  time  to  time,  as  the  public  good  may  require ; 
for  each  of  which,  a  circuit  judge  shall  be  appointed, 
in  the  same  manner,  and  liold  his  office  by  tlie  same 
tenure,  as  the  justices  of  the  Supreme  Court ;  and 
who  shall  possess  the  powers  of  a  justice  of  the 
Supremo  Court  at  chambers,  and  in  the  trial  of  issues 
joined  in  the  Supreme  Court ;  and  in  Courts  of  Oyer 
and  Terminer,  and  gaol  delivery.  And  such  equity 
powers  may  be  vested  in  the  said  circut  judges,  or  in 
the  County  Courts,  or  in  such  other  subordinate 
courts  as  the  Legislature  may  by  law  direct,  subject 
to  the  appellate  jurisdiction  of  the  chancellor.  N.  T. 
(1821)  41., 

— The  State  shall  be  divided  into  convenient  circuits, 
each  of  which  shall  contain  not  less  than  three,  nor 
more  than  six  counties ;  and  for  each  circuit  there 
shall  be  appointed  a  judge,  who  shall,  after  his 
appointment,  reside  in  the  circuit  for  which  he  may 
be  appointed.     Ala.,  80. 

— A  Circuit  Court  shall  be  held  in  each  county  in  the 
State,  at  least  twice  in  every  year  ;  and  the  judges  of 
the  several  circuits  may  hold  courts  for  each  other 
when  they  deem  it  expedient,  and  shall  do  so  when 
directed  by  law.     Ala.,  80. 

— The  Circuit  Courts  shall  exercise  a  superintending 
control  over  the  County  Courts,  and  over  Justices  of 
the  Peace  in  each  county,  in  their  respective  circuits, 
and  shall  have  power  to  issue  all  the  necessary  writs 
to  carry  into  effect  their  general  and  specific  powers. 
Ark.,  91. 

— Judges  of  the  Circuit  Courts  may  temporarily 
exchange  circuits,  or  hold  courts  for  each  other,  under 
such  regulations  as  may  be  pointed  out  by  law. 
Ark.,  91. 

— A  Circuit  Court  shall  be  held  in  such  counties  and 
at  such  times  and  places  therein  as  may  be  prescribed 
by  law;  and  the  judges  of  the  several  Circuit  Courts 
may  hold  courts  for  each  other,  either  for  the  entire 
circuit  or  for  a  portion  thereof,  and  they  shall  do  so 
when  required,  by  order  of  tlie  Governor  or  Chief 
Justice  of  the  Supreme  Court ;  and  they  may  exercise 
jurisdiction  in  cases  of  writs  of  habeas  corpusfin  any 
Judicial  Circuit  in  which  the  judge  may  happen  to  be 
at  the  time  the  case  arises.  Fl.,  134. 
— The  General  Assembly  shall  have  power  to  estab- 
lish and  organize  a  separate  court  or  courts  of  original 
equity  jurisdiction ;  but  until  such  court  or  courts 
shall  be  established  and  organized,  the  Circuit  Courts 
shall  exercise  such  jurisdiction.  Fl.,  134. 
— There  shall  be  two  more  terms  of  the  Circuit  Court 
held,  annually,  in  each  county  of  this  State,  at  such 
times  as  shall  be  provided  bylaw;  and  said  courts 
shall  have  jurisdiction  m  all  cases  at  law  and  equity, 
and  in  all  cases  of  appeal  from  all  inferior  courts.  lU,., 
160. 

— The  Circuit  Courts  shall  each  consist  of  one  Judge, 
and  shall  have  such  civil  and  criminal  jurisdictioa  as 
may  be  prescribed  by  law.     Ind.,  177. 


117 


1  §  5.  The  Legislature  shall  have  the  same  powers  to  alter  and  regulate  the 

2  jurisdictiou  and  proceedings  in    law  and  equity  as  they  have    heretofore 

3  possessed. 

1  ^6.  Provision  may  be  made  by  law  for  designating  from  time  to  time  one 

2  or  more  of  the  said  justices,  who  is  not  a  judge  of  the  Court  of  Appeals,  to 


— The  General  Assembly  may  provide  by  law  that 
the  Judge  of  one  circuit  may  hold  the  courts  of 
anotlier  circuit,  in  cases  of  necessity  or  convenience  ; 
and  in  case  of  temporary  inability  of  any  judge,  from 
sickness  or  other  cause,  to  hold  the  courts  in  his  cir- 
cuit, provision  shall  be  made  by  law  for  holding  such 
•courts.     /»(/.,  177. 

— A  Circuit  Court  shall  be  established  in  each  county, 
now  existing,  or  which  may  hereafter  be  erected  in 
this  Commonwealth.  Ki/.,  216. 
— The  Circuit  Court  sliall  be  held  twice,  at  least,  in 
each  year,  in  each  county  organized  for  judicial  pur- 
poses, by  one  of  the  Justices  of  the  Supreme  Court, 
at  times  to  be  appointed  by  law ;  and  at  such  other 
times  as  may  be  appointed  by  the  judges  severally  in 
pursuance  of  law.      Or.,  454. 

— For  each  circuit,  the  thirteenth  excepted,  there 
shall  be  one  Judge,  who  shall  be  styled  Circuit  Judge, 
who,  during  his  term  of  office,  shall  reside  in  one  of 
the  counties  composing  the  circuit  for  which  he  may 
be  elected  ;  the  said  judges  shall  hold  a  term  of  their 
courts  in  each  of  the  counties  composing  their  respec- 
tive circuits  at  such  times  as  now  are  or  may  here- 
after be  fixed  by  law,  such  terms  to  be  never  less 
than  two  in  each  year  in  each  county ;  special  terms 
may  be  held  by  said  judges  in  their  di.scretion,  when- 
ever the  business  of  their  several  counties  renders 
such  terms  necessary,  i/rf.,  268. 
— The  Judges  of  the  respective  Circuit  Courts  of  this 
State,  and  of  the  courts  of  Baltimore  city,  shall  render 
their  decisions,  in  all  cases  argued  before  them,  or 
submitted  to  their  judgment,  within  two  months 
after  the  same  shall  have  been  so  argued  or  submit- 
ted.    Md.,  268. 

— A  Circuit  Court  shall  be  held  at  least  twice  in  each 
year  in  every  county  organized  for  judicial  purposes, 
and  four  times  in  each  year  in  counties  containing 
ten  thousand  inhabitants.  Judges  of  the  Circuit 
Court  may  hold  courts  for  each  other,  and  shall  do  so 
when  required  by  law.  Mich.,  306. 
— A  Circuit  Court  sliall  be  held  in  each  county  of  this 
State,  at  least  twice  in  each  year;  and  the  Judges  of 
said  courts,  shall  interchange  circuits  with  eacii  other, 
in  sucli  manner  as  may  be  prescribed  by  law,  and 
shall  receive  for  their  services  a  compensation  to  be 
fixed  by  law,  which  shall  not  be  diminished  during 
their  continuance  in  office.  Miss.,  329. 
— The  Circuit  Courts  shall  be  held  in  every  county  of 
this  State,  by  one  or  more  of  the  justices  of  the 
Supreme  Court,  or  a  judge  appointed  for  that  pur- 
pose; and  shall,  in  all  places  within  tlie  county,  except 
in  those  of  a  criminal  nature,  have  common  law  juris- 
diction concurrent  with  the  Supreme  Court,  and  any 
final  judgment  of  a  Circuit  Court  may  be  docketted 
in  the  Supreme  Court  and  shall  operate  as  a  judgment 
obtained  in  the  Supreme  Court  from  the  time  of  such 
docketing.     N.  J.,  418. 

— District  Courts  shall  be  composed  of  the  Judges  of 
the  Courts  of  Couunon  Pleas  of  the  respective  dis- 
tricts, and  one  of  the  Judges  of  the  Supreme  Court, 
any  three  of  whom  shall  be  a  quorum,  and  shall  be 
held  in  each  county  therein,  at  least  once  in  each 
year;  but  if  it  shall  be  found  inexpedient  to  hold 
such  court  annually,  in  each  county  of  any  district, 
the  General  Assemlily  may,  for  such  district,  provide 
thiit  said  court  sliall  hold  at  least  three  annual  ses- 
sions therein,  in  not  less  than  three  places;  Provided, 
That  the  General  Assembly  may,  by  law,  authorize 
the  judges  of  each  district  to  fix  the  times  of  holding 
the  courts  therein.     Ohio,  437. 

30 


— The  District  Courts  shall,  in  their  respective  coun- 
ties, be  the  successors  of  the  present  Supreme  Court, 
and  all  suits,  prosecutions,  judgments,  records  and 
proceedings,  pending  and  remaining  in  said  Supreme 
Court,  in  the  several  counties  of  any  district,  shall  be 
transferred  to  the  respective  District  Courts  of  such 
counties,  and  be  proceeded  in  as  though  no  change 
had  been  made  in  said  Supreme  Court.  Ohio,  445. 
— The  General  Assembly  shall  provide  by  law  for 
holding  Circuit  Courts,  when,  for  any  cause,  the 
judge  shall  fail  to  attend,  or,  if  in  attendance,  cannot 
properly  preside.     A'^.,  217. 

— A  Circuit  Court  shall  be  held  at  least  twice  a  year 
by  the  judge  of  each  circuit,  in  every  county  and  cor- 
poration thereof,  wherein  a  Circuit  Court  is  now  or 
may  hereafter  be  established.  But  the  judges  in  the 
same  district  may  be  required  or  authorized  to  hold 
the  courts  of  their  respective  circuits  alternately,  and 
a  judge  of  one  circuit  to  hold  a  court  in  any  other 
circuit.      Va.,  542. 

— A  District  Court  shall  be  held  at  least  once  a  year 
in  every  district,  by  the  judges  of  the  circuits  consti- 
tuting the  section  and  the  Judge  of  the  Supreme 
Court  of  Appeals  for  the  section  of  which  the  district 
forms  a  part,  any  three  of  whom  may  hold  a  court; 
but  no  judge  shall  sit  or  decide  upon  an  appeal  taken 
from  his  own  decision.  The  Judge  of  the  Supreme 
Court  of  Appeals  of  one  section  may  sit  in  District 
Courts  of  another  section,  when  required  or  author- 
ized by  law  to  do  so.  Va.,  542. 
— -A  Circuit  Court  shall  be  held  in  every  county  at 
least  four  times  a  year,  unless  otherwise  provided  by 
law,  in  pursuance  of  the  third  section  of  this  article. 
The  judges  may  be  required  or  authorized  to  hold 
the  courts  of  their  respective  circuits  alternately,  and 
a  judge  of  one  circuit  to  hold  a  court  in  any  other 
circuit.      W.  Va.,  553. 


JURISDICTION  OF  COURTS. 

— The  Judges  of  the  Supreme  Court  shall,  by  virtue 
of  their  offices,  be  conservators  of  the  peace  through- 
out the  State;  as  also  the  Judges  of  the  Circuit 
Courts  within  their  respective  circuits,  and  the  Judges 
of  the  Inferior  courts  within  tlieir  respective  coun- 
ties.    A!a.,  81. 

— The  Circuit  Court  shall  have  original  jurisdiction  in 
■  all  matters,  civil  and  criminal,  within  this  State,  not 
otherwise  excepted  in  this  Constitution  :  but  in  civil 
cases  only,  where  the  matter  or  sum  in  controversy 
exceeds  fifty  dollars.     Ala.,  80. 

— Except  in  cases  otherwise  directed  in  this  Consti- 
tution, the  Supreme  Court  shall  have  appellate  juris- 
diction only,  which  shall  be  co-extensive  with  the 
State,  under  such  restrictions  and  regulations,  not 
repugnant  to  this  Constitution,  as  may  from  time  to 
time  be  prescribed  by  law.  Provided,  That  said  court 
shall  have  power  to  issue  writs  of  injunction,  man- 
damus, quo  warranto,  habeas  corpus,  and  such  other 
remedial  and  original  writs  as  may  be  necessary  to 
give  it  a  general  superintendence  and  control  of  infe- 
rior jurisdictions.     Ala.,  80. 

— The  Supreme  Court,  except  in  cases  otherwise 
directed  by  this  Constitution,  shall  have  appellate 
jurisdiction  only,  which  shall  be  co-extensive  with  the 
State,  under  such  restrictions  and  regulations  as  may, 
from  time  to  time  be  prescribed  by  law.  Ark.,  90. 
— It  shall  have  a  general  superintending  control  over 
all  inferior  and  other  courts  of  law  and  equity.     It 


118 


3  preside  at  the  general  term  of  the  said  court  to  be  held  in  the  several  districts. 

4  Any  three  or  more  of  the  said  justices,  of  whom  one  of  the  said  justices  so 

5  designated  shall  always  be  one,  may  hold  such  general  terms.    And  any  one 

6  or  more  of  the  justices  may  hold  special  terms  and  Circuit  Courts,  and  any 

7  one  of  them  may  preside  in  Courts  of  Oyer  and  Terminer  in  any  county. 


shall  have  power  to  issue  writs  of  error,  supersedeas, 
certiorari  and  habeas  corpus,  mandamus  and  quo 
warranto,  and  other  remedial  writs,  and  to  hear  and 
determine  the  same.  Said  judfres  shall  be  conserva- 
tors of  the  peace  throughout  the  State,  and  shall  have 
power  to  issue  any  of  the  aforesaid  writs.  Ark.,  90. 
— The  Circuit  Court  shall  have  original  jurisdiction 
over  all  criminal  cases  which  shall  not  be  otherwise 
provided  for  by  law;  and  exclusive  original  jurisdic- 
tion of  all  crimes  amounting  to  felony  at  the  common 
law,  and  original  jurisdiction  of  all  civil  cases  whicli 
shall  not  be  cognizable  before  Justices  of  the  Peace, 
until  otherwise  directed  by  the  General  Assembly; 
and  original  jurisdiction  in  all  matters  of  contract, 
where  the  sum  in  controversy  is  over  two  hundred 
dollars.  It  shall  hold  its  terms  at  such  place  in  eacii 
county  as  may  be  by  law  directed.  ArJc.,  91. 
— The  Supreme  Court  shall  have  appellate  jurisdic- 
tion in  all  cases  in  equit}',  also  in  all  rases  at  law 
which  involve  the  title  or  possession  of  real  estate,  or 
the  legality  of  any  tax,  impost,  assessment,  toll,  or 
municipal  line,  or  in  which  tlie  demand,  exclusive  of 
interest,  or  the  value  of  the  property  in  controversy 
amounts  to  $300;  also  in  all  cases  arising  in  the  pro- 
bate courts;  and  also  in  all  criminal  cases  amounting 
to  felony,  on  questions  of  law  alone.  The  Court  shall 
also  have  power  to  issue  writs  of  mandamus,  certiorari, 
prohibition,  and  habeas  corpus,  and  also  all  writs  nec- 
essary or  proper  to  the  complete  exercise  of  its 
appellate  jurisdiction.  Eacli  of  the  justices  shall  have 
power  to  issue  writs  of  habeas  corpus  to  any  part  of 
the  State,  upon  petition  on  behalf  of  any  person  held 
in  actual  custody,  and  may  make  such  writs  return- 
able bef()re  himself,  or  the  Supreme  Court,  or  before 
any  District  Court,  or  any  County  Court  in  the  State, 
or  before  any  judge  of  said  courts.  CuL,  (as  amended 
in  lSC-2.) 

— The  District  Courts  shall  have  original  jurisdiction 
in  all  cases  in  equity;  also  in  all  cases  at  law  Avhicli 
involve  the  title  or  pos.session  of  real  property,  or  the 
legality  of  any  tax,  impost,  as.sessment,  toll  or  munici- 
pal fine,  and  in  all  other  cases  in  which  the  demand, 
exclusive  of  interest,  or  the  value  of  thj  property  in 
controvery  amoujits  to  $300;  and  also  in  all  criminal 
cases  not  otherwise  provided  for.  The  District  Courts 
and  their  judges  shall  have  power  to  is.sue  writs  of 
hahea.1  corpus,  on  petition  by  or  on  behalf  of  any  per- 
son held  in  actual  custody  in  their  respective  districts. 
Cat,  (amended  in  18(i'2.) 

— Said  [County]  Courts  shall  also  have  power  to  issue 
naturalization  papers.  Col.,  (amended  in  18(i2.) 
— The  County  Courts  shall  have  original  jurisdiction 
of  actions  of  forcible  entry  and  detainer,  of  proceed- 
ings of  insolvency,  of  actions  to  prevent  or  abate  a 
nuisance,  and  of  all  such  special  cases  and  proceedings 
as  are  not  otherwise  provided  for;  and  also  such 
criminal  jurisdiction  as  the  Legislature  may  prescribe. 
They  shall  also  have  appellate  jurisdiction  in  all  cases 
arising  in  courts  held  by  Justices  of  the  Peace  and 
Recorders,  and  in  such  inferior  courts  as  may  be 
established  in  pursuance  of  section  one  of  this  article, 
in  their  respective  counties.  The  County  Judges 
shall  also  hold  in  their  si-veral  counties  Probate  Courts, 
and  perform  such  duties  as  Probate  Judges  as  may  be 
prescribed  by  law.  The  County  Courts  and  their 
Judges  shall  also  have  power  to  issue  writs  of  habeas 
corpus,  on  petition  or  on  behalf  of  any  person  in  actual 
custody,  in  iheir  respective  counties.  C'al.,  (amended 
in  1802.) 
— The  Supreme  Court,  the  District  Courts,  County 


Courts,  and  Probate  Courts,  and  such  other  courts  as 
the  Legislature  shall  prescribe,  shall  be  courts  of 
record.  Cal,  (amen<led  in  18G2). 
— The  Legislature  shall  fi.x  by  law  the  jurisdiction  of 
Recorders'  or  other  inferior  municipal  co\u't.s,  which 
may  be  established  in  pursuance  of  section  one  of 
this  article,  and  shall  fi.x  by  law  the  powers,  duties, 
and  responsibilities  of  the  judges  thereof  Cal, 
■(amended  in  18G2). 

— The  General  Assemlily,  notwithstanding  anything 
contained  in  tliis  article,  shall  have  power  to  repeal 
or  alter  any  act  of  the  General  Assembly,  giving  juris- 
diction to  the  Courts  of  Oyer  and  Terminer  and 
General  Jail  Delivery,  or  to  the  Supreme  Court,  or 
the  Court  of  Common  Pleas,  or  the  Court  of  General 
Quarter  Sessions  of  the  Peace  and  General  Jail 
Delivery,  or  the  Orphans'  Court,  or  to  the  Court  of 
Chancery,  in  any  matter,  or  giving  any  power  to 
either  of  said  courts.  Until  the  Genei-al  Assembly 
shall  otherwise  direct,  there  shall  be  an  appeal  to  the 
Court  of  Errors  and  Appeals  in  all  cases  in  which 
there  is  an  appeal,  according  to  an  act  of  the  General 
Assembly,  to  the  High  Court  of  Errors  and  Appeals. 
Del.  123. 

— The  members  of  the  Senate  and  House  of  Repre- 
sentatives, the  Chancellor,  the  Judges,  and  the 
Attorney-General  shall,  by  virtue  of  their  offices,  be 
conservators  of  the  peace  throughout  the  State ;  and 
the  Treasurer,  Secretary,  Prothonotaries,  Registers, 
Recorders,  SherifiTs,  and  Coroners  shall,  by  virtue  of 
their  offices,  be  conservators  thereof  within  the 
counties  respectively  in  which  they  reside.  Dei,  12.5. 
— The  jurisdiction  of  each  of  the  aforesaid  court.';, 
Superior  Court,  Chancery  and  Orphans'  Court,  shall 
be  co-extensive  willi  the  State.  Process  may  be 
issued  out  of  each  court,  in  either  county,  into  every 
county.     Del,  122. 

— The  General  Assembly  may  by  law  give  to  any 
inferior  courts  by  them  to  be  established,  or  to  one  or 
more  Justices  of  the  Peace,  jurisdiction  of  the  crimi- 
nal matters  following,  that  is  to  say,  assaults  and 
batteries,  keeping  without  license  a  public  house  of 
entertainment,  tavern,  inn,  ale  house,  ordinary  or 
victualing  hou.se,  retailing  or  selling  without  license 
wine,  rum,  brandy,  gin,  whiskey,  or  .spirituous  or 
mixed  liquors  contrary  to  law,  disturbing  camp-meet- 
ings held  for  the  purpose  of  religious  worship,  dis- 
turbing other  meetings  for  the  purpose  of  religious 
worship,  nuisances,  horse-racing,  cock-fighting  and 
shooting  matches,  larcenies  committed  by  negroes  or 
mulattoe.s,  and  the  oft'enso  of  knowingly  buying, 
receiving  or  concealing  by  negroes  or  niulattoe.'!,  of 
stolen  goods  and  things  the  subject  ol  larceny,  and  of 
any  negro  or  mulatto  being  accessary  to  any  larceny. 
The  General  Assembly  may  by  law  regulate  tliis 
jurisdiction,  and  provide  that  the  proceedings  shall  be 
with  or  without  indictment  by  grand  jury,  or  trial  by 
petit  jury,  and  may  grant  or  deny  the  piviledge  of 
appeal  to  the  Court  of  General  Sessions  of  the  Peace. 
The  matters  within  this  f.ection  shall  be  and  the 
same  hereby  are  excepted  and  excluded  from  the 
provision  of  the  Constitution,  that — "  No  person 
shall  for  an  indictable  offense  be  proceeded  against 
criminally  by  inlormation,"  and  also  from  the  provi- 
sion of  the  Constitution  concerning  trial  by  jury. 
Del,  123. 

— In  civil  cau.ses  when  pending,  the  Superior  Court 
shall  have  the  power,  befoVe  judgment,  of  directing 
upon  such  terms  as  they  shall  deem  reasonable, 
amendments  in  pleadings  and  legal  proceedings,  so 


119 


that  by  error  in  any  of  them,  the  determination  of 
causes,  according  to  their  real  merits,  shall  not  be 
hindered ;  and  also  of  directing  the  examination  of 
witnesses  that  are  aged,  very  infirm,  or  going  out  of 
the  State,  upon  interrogatories  de  bene  esse,  to  be  read 
in  evidence,  in  case  of  the  death  or  departure  of  the 
witnesses  before  the  trial,  or  inabiUty  by  reason  of 
age,  sickness,  bodily  infirniity  or  imprisonment,  then 
to  attend  ;  and  also  the  power  of  obtaining  evidence 
from  places  not  within  this  State.  Del,  123. 
— The  Supreme  Court,  except  in  cases  otherwise 
directed  in  this  Constitution,  shall  have  appellate 
jurisdiction  only,  which  shall  be  co-extensive  with 
the  State,  under  such  restrictions  and  regulations, 
not  repugnant  to  this  Constitution,  as  may  from  time 
to  Linje  be  presciibed  by  law,  provided  that  the  said 
court  shall  always  have  power  to  issue  writs  of 
injunction,  mandamu.i,  quo  warranto,  habeas  corpus, 
and  such  other  original  and  remedial  writs  as  may  be 
necessary  to  give  it  a  general  superintendence  and 
control  of  all  other  courts.  Fl.,  133. 
— The  Justices  of  the  Supreme  Coilrt,  Chancellors 
and  Judges  of  the  Circuit  Courts,  shall,  by  virtue  of 
their  offices,  be  conservators  of  the  peace  throughout 
the  State.     FL,  135. 

— The  Circuit  Courts  shall  have  original  jurisdiction 
in  all  matters,  civil  and  criminal,  not  otherwise 
excepted  in  this  Constitution.  Fl,  134. 
— The  General  Assembly  shall  by  law  authorize  the 
Circuit  Court  to  grant  licenses  for  building  toll- 
bridges,  and  to  establish  ferries,  and  to  regulate  the 
tolls  of  both ,  to  construct  dams  across  streams  not 
navigable  ;  to  ascertain  and  declare  what  streams  are 
navigable ;  but  no  special  law  for  such  purpose  shall 
be  made.     Fl,  133. 

— The  said  [Supreme]  court  .shall  have  no  original 
jurisdiction,  but  shall  be  a  court  alone  for  the  trial 
and  correction  of  errors  in  law  and  equity  from  the 
Superior  Courts  of  the  several  circuits,  and  from 
the  City  Courts  of  the  cities  of  Savannah  and 
Augusta,  and  such  other  like  courts  as  may  be  here- 
after established  in  other  cities  ;  and  shall  sit  "  at  the 
seat  of  government"  at  such  time  or  times  in  each 
year,  as  the  General  Assembly  shall  prescribe,  for 
the  trial  and  determination  of  writs  of  error  from 
said  courts.      Oa.,  148. 

— The  said  [Supreme]  Court  shall  dispose  of  and 
finally  determine  every  case  on  the  docket  of  such 
court,  at  the  first  or  second  term  after  such  writ  of 
error  brought,  and  in  case  the  plaintiff  in  error  shall 
not  be  prepared  at  the  first  term  of  such  court,  after 
error  brought,  to  prosecute  the  case,  unless  precluded 
by  some  providential  cause  from  such  prosecution,  it 
shall  be  stricken  from  the  docket,  and  the  judgment 
below  affirmed.  And  in  any  case  that  may  occur,  the 
court  may,  in  itsdiscretion,  withhold  itsjudgment,  until 
the  term  next  after  the  argument  thereon.  Oa.,  148. 
— The  Superior  Courts  shall  also  have  exclusive  juris- 
diction in  all  oriminivl  cases,  except  as  relates  to  fines 
for  neglect  of  duly,  contempts  of  court,  violation  of 
road  laws,  obstructions  of  water-courses,  and  in  all 
other  minor  offenses  which  do  not  subject  the 
offender  or  offenders  to  lo-s  of  life,  limb  or  member, 
or  to  confinement  in  the  penitentiary;  jurisdiction  of 
all  such  cases  shall  be  vested  in  such  County  or  Cor- 
poration Courts,  or  such  other  courts,  judicatures,  or 
tribunals  as  now  exist,  or  may  hereafter  be  eonsti- 
ted,  under  such  rules  and  regulations  as  the  Legisla- 
ture may  have  directed,  or  may  hereafter  by  law 
direct.     Oa.,  148. 

— The  Superior  Court  .shall  have  exclusive  jurisdic- 
tion in  all  cases  of  divorce,  both  total  and  partial; 
but  no  total  divorce  shall  be  granted  except  on  the 
concurrent  verdicts  of  two  special  juries.  In  each 
divorce  case  the  cotirt  shall  regulate  the  rights  and 
disabilities  of  the  parties.  Oa.,  148. 
• — The  Superior  Court  shall  have  exclusive  jurisdic- 
tion in  all  cases  respecting  titles  to  land,  which 
shall  be  tried  in  the  county  where  the  land  lies;  and 
also  in  all  equity  causes  which  shall  be  tried  in  the 
county  where  one  or  more  of  the  defendants  reside, 
against  whom  substantial  relief  is  prayed.      Oa.,  148. 


— It  shall  have  appellate  jurisdiction  in  all  such  cases 
as  may  be  provided  by  law.  Oa.,  149. 
— It  shall  have  power  to  issue  writs  of  mandamus, 
prohibition,  scire  jtacias,  and  all  other  writs  which  may 
be  necessary  for  carrying  its  powers  fjlly  into  effect 
Oa.,  149. 

— The  Superior  Court  shall  have  jurisdiction  in  all 
other  civil  case.'!,  and  in  them  the  General  Assembly 
may  give  concurrent  jurisdiction  to  the  inferior  court, 
or  such  other  County  Courts  a,s  they  may  hereafter 
create,  which  cases  shall  be  tried  in  the  county  where 
the  defendant  resides.  Ga.,  149. 
— In  cases  of  joint  obligors,  or  joint  promisors  or  co- 
partners, or  joint  trespassers  residing  in  different 
counties  tlie  suit  may  be  brought  in  either  county. 
Oa.,  149. 

— In  case  of  a  maker  and  inlorser,  or  indorsers  of 
promissory  notes  residing  in  different  counties  in  this 
State,  the  same  may  be  sued  in  the  county  where  the 
maker  resides.     Oa.,  149. 

—The  Supreme  Court  may  have  original  jurisdiction 
in  cases  relative  to  the  revenue,  in  cases  of  man- 
damus, habeas  corpus,  and  in  such  cases  of  impeach- 
ment as  may  be  by  law  directed  to  be  tried  before  it, 
and  shall  have  appellate  jurisdiction  in  all  other  cases. 
/«.,1G0. 

— On  the  first  Monday  of  December,  one  thousand 
eight  hundred  and  forty-eight,  jurisdiction  of  all  suits 
and  proceeding.s,  then  pending  in  the  present  Supreme 
Court,  shall  become  vested  in  the  Supreme  Court  estab- 
lished by  this  Constitution,  and  shall  be  finally  adju- 
dicated by  the  Court  where  the  same  may  be  pending. 
The  jurisdiction  of  all  suits  and  proceedings  then 
pending  in  Circuit  Courts  of  the  several  counties  shall 
be  vested  in  the  Circuit  Courts  of  said  counties.  lU., 
168. 

— The  Judges  of  the  Supreme  Court,  elected  as  afore- 
said, shall  have  and  exercise  the  powers  and  jurisdic- 
tion conferred  upon  the  present  Judges  of  that  Court; 
and  the  said  Judges  of  the  Circuit  Courts  shall  have 
and  exercise  the  powers  and  jurisdictions  conferred 
upon  the  Judges  of  those  Courts,  subject  to  the  pro- 
visions of  this  Constitution.  Ill,  168. 
— The  Supreme  Court  shall  have  jurisdiction  co- 
extensive with  the  limits  of  the  State,  in  appeals  and 
writs  of  error,  under  such  regulations  and  restrictions 
as  may  be  prescribed  by  law.  It  shall  also  have  such 
original  jurisdiction  as  the  General  Assembly  may 
confer.     Ind.,  177. 

— All  judicial  officers  shall  be  conservators  of  the 
peace  in  tlieir  respective  jurisdictions.  Ind.,  177  ; 
(nearly  similar),  Ky.,  215;  La.,  231;  Md.,  2GG; 
Mich.,  300;   Tex.,  511. 

— Tlie  Supreme  Court  shall  have  appellate  jurisdiction 
only  in  all  cases  in  chancery,  and  shall  constitute  a 
Court  for  the  Correction  of  Errors  at  law,  under  such 
restrictions  as  the  General  Assembly  may,  by  law, 
prescribe ;  and  shall  have  power  to  issue  all  writs  and 
process  necessary  to  secure  justice  to  parties,  and 
exercise  a  supervisory  control  over  all  inferior  judicial 
tribunals  throughout  the  State.  Iowa,  189. 
— The  Judges  of  the  Supreme  and  District  Courts 
shall  be  conservators  of  the  peace  throughout  the 
same.     Iowa,  189. 

— The  District  Court  shall  be  a  court  of  law  and 
equity,  wliich  shall  be  distinct  and  separate  jurisdic- 
tions, and  have  jurisdiction  in  civil  and  criminal 
matters  arising  in  their  respective  districts,  in  such 
manner  as  shall  be  prescribed  by  law.  Iowa,  189. 
— The  Supreme  Court  shill  have  original  jurisdiction 
in  proceedings  in  quo  warranto,  mandamus,  and  habeas 
corpus;  and  such  appellate  jurisdiction  as  may  be 
provided  by  law.  It  shall  hold  one  term  each  year 
at  the  seat  of  government,  and  such  other  terms  at 
such  places  as  may  be  provided  by  law.  and  its  juris- 
diction shall  be  co-exten.sive  with  the  State.  Kan.,  200. 
— The  District  Courts  shall  have  such  jurisdiction  in 
their  respective  districts  as  may  be  provided  by  law. 
Kan.,  201. 

— The  several  Justices  and  Judges  of  the  Courts  6( 
record  in  this  State  shall  have  such  jurisdiction  at 
chambers  as  may  be  provided  by  law.     Kan.,  201. 


120 


— The  jurisdiction  af  said  [Circuit]  Court  shall  he  and 
remain  as  now  established,  hereby  giving  to  the 
General  Assembly  the  power  to  change  or  alter  it. 
Ky.,  216. 

— The  Supreme  Court,  except  in  cases  hereafter  pro- 
vided, shall  have  appellate  jurisdiction  oniy;  which 
jurisdiction  shall  extend  to  all  cases  when  the  matter 
in  dispute  shall  exceed  three  hundred  dollars;  to  all 
cases  in  which  the  constitutionality  or  legality  of  any 
tax,  toll  or  impost  whatsoever,  or  of  any  line,  forfeit- 
ure or  penalty  imposed  by  a  municipal  corporation, 
shall  be  in  contestation  ;  and  to  all  criminal  cases  on 
questions  of  law  alone,  whenever  the  offense  charged 
is  punishable  with  death  or  iniprisomnent  at  hard 
labor,  or  when  a  fine  exceeding  three  hundred  dollars 
is  actually  imposed.  La,  231. 
— The  Supreme  Court,  and  each  of  the  Judges  thereof, 
shall  have  power  to  issue  writs  of  habeas  corpus,  at 
the  instance  of  all  persons  in  actual  custody  under 
process,  in  all  cases  in  which  they  may  have  appellate 
jurisdiction.     La.,  231. 

— The  Legislature  shall  have  power  to  vest  in  clerks 
of  courts  authority  to  grant  such  orders,  and  do  such 
acts  as  may  be  deemed  necessary  lor  the  furtherance 
of  the  administration  of  justice,  and  in  all  cases  the 
powers  thus  granted  shall  be  specified  and  deter- 
mined.    La.,  232. 

— The  judge  or  judges  of  any  court  of  this  State, 
except  the  Covut  of  Appeals,  shall  order  and  direct 
the  record  of  proceedings  in  any  suit  of  action,  issue 
or  petition,  presentment  or  indictment  pending  in 
such  court,  to  be  transmitted  to  some  other  court  in  the 
same  or  any  adjoining  circuit  having  jurisdiction  in 
Buch  cases,  whenever  any  party  to  such  cause,  or  the 
counsel  of  any  party  shall  make  it  satisfactorily  appear 
to  the  court  that  such  party  cannot  have  a  fair  and 
impartial  trial  in  the  court  in  which  such  suit  or  action, 
issue  or  petition,  presentment  or  indictment  is  pend- 
ing ;  and  the  General  Assembly  shall  make  such 
modifications  of  existing  law  iis  may  be  nece.ssary  to 
regulate  and  give  force  to  this  provision.  Md.,  2GC. 
— The  several  courts,  except  as  herein  otherwise  pro- 
vided, shall  continue  with  like  powers  and  jurisdic- 
tion, both  at  law  and  in  equity,  as  if  this  Constitution 
had  not  been  adopted,  and  until  the  organization  of 
the  Judicial  Department  provided  by  this  Constitu- 
tion.    Md.,  27G. 

— The  trial  by  jury  of  all  issues  of  fact  in  civil  pro- 
ceedings in  the  several  courts  of  law  in  this  State, 
where  the  amount  in  controver.sy  exceeds  the  sum  of 
five  dollars,  shall  be  inviolably  preserved.  Md.,  277. 
— One  court  shall  be  held  in  each  county  of  the  State : 
the  said  courts  shall  be  called  Circuit  Courts  for  the 
county  in  which  they  may  be  held,  and  shall  have 
and  exercise  all  the  power,  authority  and  jurisdiction, 
original  and  appellate,  which  the  present  Circuit 
Courts  of  this  State  now  have  and  exercise,  or  which 
may  hereafter  be  prescribed  by  law.  Md.,  2G7. 
— The  Circuit  Courts  shall  have  original  jurisdiction 
in  all  matters  civil  and  criminal,  not  excepted  in  this 
Constitution,  and  not  prohibited  by  law;  and  appel- 
late jurisdiction  from  all  inferior  courts  and  tribunalis, 
and  a  supervisory  control  of  the  same.  They  shall 
also  have  power  to  issue  writs  of  habeas  corpus,  man- 
damus, injunctions,  quo  warranto,  certiorari,  and  other 
writs  necessary  to  carry  into  effect  their  orders,  judg- 
ments, and  decrees,  and  give  them  a  general  control 
over  inferior  courts  and  tribunals  within  their  respec- 
tive jurisdictions.     Midi.,  306. 

— The  Supreme  Court  shall  have  a  general  superin- 
tending control  over  all  inferior  courts,  and  shall  have 
power  to  issue  writs  of  error,  habeas  corpus,  man- 
damus, quo  warranto,  procedendo,  and  other  original 
and  remedial  writs,  and  to  hear  and  determine  the 
same.  In  all  other  cases  it  shall  have  appellate  juris- 
diclion  only.     Miek,  305. 

— The  Supreme  Court  shall  have  original  jurisdiction 
in  such  remedial  cases  as  may  be  prescribed  by  law, 
^nd  appellate  jurisdiction  in  all  cases,  both  in  law  and 
equity,  but  there  shall  be  no  trial  by  jury  in  said 
court.  Min.,  324. 
— The  District  Courts  shall  have  original  jurisdiction 


in  all  civil  cases,  both  in  law  and  equity,  where  the 
amount  in  controversy  exceeds  one  hundred  dollars 
and  in  all  criminal  cases  where  the  punishment  shall 
exceed  three  months'  imprisonment,  or  a  fine  of  more 
than  one  hundred  dollars,  and  shall  have  such  appel- 
late jurisdiction  as  may  ,be  prescribed  by  law.  The 
Legislature  may  provide  by  law  that  the  judge  of 
one  district  may  discharge  the  duties  of  the  jud^e  of 
any  other  district  not  his  own,  when  convenience  or 
the  public  interest  may  require  it.  Min.,  324. 
—The  Circuit  Court  shall  have  original  jurisdiction 
in  all  matter.s,  civil  and  criminal,  within  this  State ; 
but  in  civil  cases  only  when  the  principal  of  the 
sum  in  controversy  exceeds  fifty  dollars.  Miss.,  339. 
—The  jiulges  of  all  the  courts  of  the  State,  and  also 
the  meiiil:)crs  of  the  Board  of  County  Police,  shall  in 
virtue  of  their  offices  be  conservators  of  the  peace 
and  shall  be  by  law  vested  with  ample  powers  in  this 
respect.     Miss.,  340. 

— The  Supreme  Court,  except  in  cases  otherwise 
directed  by  this  Constitution,  shall  liave  appellate 
jurisdiction  only,  which  shall  be  co-extensive  with 
the  State,  under  the  restrictions  and  limitations  in 
this  Constitution  provided.  Mo.,  .357. 
— The  Supreme  Court  .shall  have  a  general  superin- 
tending control  over  all  inferior  courts  of  law.  It 
shall  have  power  to  issue  writs  of  habeas  cm-pus, 
mandamus,  quo  ivarranio,  certiorari,  and  other  original 
remedial  writs,  and  to  hear  and  determine  the  same. 
Mo.,  357. 

— The  Circuit  Court  shall  have  jurisdictien  over  all 
criminal  cases,  which  shall  not  be  otherwise  provided 
for  by  law ;  and  exclusive  original  jurisdiction  in  all 
civil  cases,  which  shall  not  be  cognizable  before  Jus- 
tices of  the  Peace,  until  otherwise  directed  by  the 
General  Assembly.  It  shall  hold  its  terms  at  such 
time  and  place  in  each  county,  as  may  be  by  law 
directed.     Mo.,  358. 

— The  Circuit  Court  shall  exercise  a  superintending 
control  over  all  such  inferior  tribunals  as  the  General 
Assembly  may  establish,   and  over  Justices   of  the 
Peace  in  each  county  in  their  respective  circuits   Mo 
359.  ■' 

— The  jurisdiction  of  the  several  courts  herein  pro- 
vided for,  both  appellate  and  original,  shall  be  as  fixed 
by  law ;  Provided,  That  Probate  Courts,  Justices  of 
the  Peace  or  any  inferior  court  that  may  be  estab- 
lished by  the  LegL'^lature  shall  not  have  jurisdiction 
in  any  matter  wherein  the  title  or  boundaries  of  land 
may  be  in  dispute.  Nor  shall  either  of  the  courts 
mentioned  in  this  proviso  have  power  to  order  or 
decree  the  sale  or  partition  of  real  estate;  And,  pro- 
vided farther.  That  Justices  of  the  Peace  and  such 
inferior  courts  as  may  be  established  by  the  Legisla- 
ture, shall  not  have  jurisdiction  when  the  debt  or  sum 
claimed  shall  exceed  one  hundred  dollars ;  and  the 
jurisdiction  of  the  District  and  Probate  Courts,  and 
Justices  of  the  Peace  shall  be  uniform  throughout  the 
State.     Neb.,  379. 

— The  Supreme  Court  shall  have  appellate  jurisdic- 
tion only  except  in  cases  relating  to  revenue,  man- 
damus, quo  vmrranlo,  habeas  corpus,  and  sucli  cases 
of  impeachment  as  may  be  required  to  be  tiied 
before  it;  and  both  the  Supreme  and  District  Courts 
shall  have  both  chancery  and  common  law  jurisdic- 
tion.    Neb.,  375. 

— The  Supreme  Court  shall  have  appellate  jurisdic- 
tion in  all  cases  in  equity ;  also  in  all  cases  at  law  in 
wliieh  is  involved  the  title  or  right  of  possession  to, 
or  the  possession  of  real  estate  or  raining  claims,  or 
the  legality  of  any  tax,  impost,  as>essment,  toll,  or 
municipal  fine,  or  in  which  the  demand,  exclusive  of 
interest  or  the  value  of  the  property  in  controversy, 
exceeds  three  hundred  dollars  ;  also  in  all  other  civil 
cases  not  included  in  the  general  subdivisions  of  law 
and  equity,  and  also  on  questions  of  law  alone  in  all 
criminal  cases  in  which  the  offense  charged  amounts 
to  felony.  The  court  shall  also  have  power  to  issue 
writs  of  mandamas,  certiorari,  prohibition,  quo  war- 
ranto, habeas  corpus,  and  also  all  writs  necessary  or 
proper  to  the  complete  exercise  of  its  appellate  jurisdic- 
tion.    Each  of  the  justices  shall  have  power  to  issue 


121 


writs  of  habeas  corpus  to  any  part  of  the  State  upon 
petition  by  or  on  belialf  of  any  person  held  in  actual 
custody,  and  may  make  such  writs  returnable  before 
himself  or  the  Supreme  Court,  or  before  any  district 
court  of  the  State  or  before  any  judge  of  said  courts. 
Nev.,  38G. 

■ — The  District  Courts  in  the  several  judicial  districts 
of  this  State  shall  have  original  jurisdiction  in  all  cases 
in  equity  ;  also,  in  all  cases  at  law  which  involve  the 
title,  or  the  riglit  of  possession  to,  or  the  possession 
of  real  property  or  mining  claims,  or  the  legality  of 
any  tax,  impost,  assessment,  toll  or  municipal  fine, 
and  in  all  other  cases  in  which  the  demand,  exclusive 
of  interest,  or  the  value  of  the  property  in  controversy 
exceeds  three  hundred  dollars;  also,  in  all  cases 
relating  to  estate  of  deceased  persons,  and  the  persons 
and  estates  of  minors  and  insane  persons,  and  of  the 
action  of  forcible  entry  and  unlawful  detainer ;  and 
also  in  all  criminal  ciises  not  otliervvise  provided  for 
by  law.  They  shall  also  have  final  appellate 
jurisdiction  in  cases  arising  in  Justices'  Conns,  and 
such  other  inferior  tribunals  as  may  be  established  by 
law.  The  District  Courts,  and  the  judges  thereof, 
shall  have  power  to  issue  writs  of  mandamiis,  injunc- 
tion, quo  warranto,  certiorari,  and  all  other  writs 
proper  and  necessary  to  the  complete  exercise  of 
their  jurisdiction,  and  also  shall  have  power  to  issue 
writs  of  habeas  corpxis  on  petition  by,  or  on  behalf  of, 
any  person  held  in  actual  custody  in  their  respective 
districts.     Nev.,  387. 

— -The  Legislature  may  vest  in  the  Circuit  Courts  or 
Courts  of  Common  Plea.s,  within  the  several  counties 
of  this  State,  chancery  powers,  so  far  as  relates  to  the 
foreclosure  of  mortgages  and  sale  of  mortgaged 
premises.     N.  Y.,  415. 

— The  several  Judges  of  the  Suprrae  Court,  of  the 
Common  Pleas,  and  of  such  other  courts  as  may  be 
created,  shall,  respectively,  have  and  exercise  such 
power  and  jurisdiction,  at  chambers,  or  otherwise,  as 
may  be  directed  by  law.  Ohio,  438. 
— It  [the  Supreme  Court]  shall  have  original  jurisdic- 
tion in  quo  warranto,  mandamus,  habeas  corpus  and 
procedendo,  and  such  appellats  jurisdiction  as  may  be 
provided  by  law.      Ohio,  437. 

— The  District  Court  shall  have  like  original  jurisdic- 
tion with  the  Supreme  Court,  and  such  appellate  juris- 
diction as  may  be  provided  by  law.  Ohio,  437. 
— The  jurisdiction  of  the  Courts  of  Common  Pleas, 
and  of  the  Judges  thereof,  shall  be  fixed  by  law. 
Ohio,  437. 

— The  General  Assembly  shall  have  no  power  to  pass, 
but  may,  by  general  laws,  authorize  courts  to  carry 
into  effect,  upon  such  terms  as  shall  be  just  and 
equitable,  the  manifest  intention  of  parties,  and  offi- 
cers, by  curing  omissions,  defects  and  errors,  in  instru- 
ments and  proceedings,  arising  out  of  their  want  of 
conformity  with  the  laws  of  this  State.  Ohio,  435. 
— The  Supreme  Court  shall  have  jurisdiction  only  to 
revise  the  final  decisions  of  the  Circuit  Courts ;  and 
every  cause  shall  be  tried,  and  every  decision  shall  be 
made  by  those  judges  only,  or  a  majority  of  them, 
who  did  not  try  the  cause,  or  make  the  decision  in 
Circuit  Court.      Or.,  454. 

— All  judicial  power,  authority  and  jurisdiction  not 
vested  by  this  Constitution,  or  by  laws  consistent 
therewith,  exclusively  in  some  other  court,  shall 
belong  to  the  Circuit  Courts;  and  they  shall  have 
aopellate  jurisdiction,  and  supervisory  control  over 
the  County  Courts,  and  all  other  inferior  courts,  offi- 
cers and  tribunals.      Or.,  454. 

— The  jurisdiction  of  the  Supreme  Court  shall  extend 
over  the  State,  and  the  judges  thereof  shall,  by  virtue 
of  their  offices,  be  Justices  of  Oyer  and  Terminer  and 
General  Jail  Delivery,  in  the  several  counties.  Pa., 
4G5. 

— The  Supreme  Court,  and  the  several  Courts  of 
Conunon  Plea",  shall,  iDeside  the  powers  heretofore 
usually  exercised  by  them,  have  the  powers  of  a  Court 
of  Chancery,  so  far  as  relates  to  the  perpetuating  of 
testimony,  the  obtaining  of  evidence  from  places  not 
within  the  State,  and  the  care  of  the  persons  and 
estates  of  those  who  are  non  compotes  mentis.     And 

31 


the  Legislature  shall  vest  in  the  said  courts  such  othe 
powers  to  grant  relief  in  equity,  as  shall  be  found 
nece.ssary ;  and  may,  from  time  to  time,  enlarge  or 
diminish  those  powers  or  vest  them  in  such  other 
courts  as  they  shall  judge  proper,  for  the  due  admin- 
istration of  justice.     Pa.,  4G5. 

— The  President  of  the  Court  in  each  circuit  within 
such  circuit,  and  the  Judges  of  the  Court  of  Common 
Pleas  within  their  respective  counties,  shall  be  Jus- 
tices of  the  Peace,  so  far  as  relates  to  criminal  matters. 
Pa.,  4G5. 

— The  several  courts  shall  have  such  jurisdiction  as 
may,  from  lime  to  time,  be  prescribed  by  law.  Chan- 
cery powers  may  be  conferred  on  the  Supreme  Court, 
but  on  no  other  court  to  any  greater  extent  than  is 
now  provided  by  law.  P.  I.,  479. 
— The  Supreme  Court,  established  by  this  Constitu- 
tion, shall  have  the  same  jurisdiction  as  the  Supreme 
Judicial  Court  at  present  establislied,  and  .shall  have 
jurisdiction  of  all  causes  which  may  be  appealed  to, 
or  pending  in  the  same;  and  shall  be  held  at  the  same 
time  and  places,  and  in  each  county,  as  the  present 
Supreme  Judicial  Court,  until  otherwise  prescribed 
by  the  General  Assembly.  P.  I.,  48L 
— The  jurisdiction  of  this  [the  Supreme  Court], 
shall  be  appellate  only,  under  such  restrictions  and 
regulations  as  may  from  time  to  time  be  prescribed 
by  law;  but  it  may  possess  such  other  jurisdiction  as 
is  now  conferred  by  law  on  the  present  Supreme 
Court.  Said  courts  shall  be  held  at  one  place,  and  at 
one  place  only,  in  each  of  the  three  grand  divisions 
in  the  State.     Tenn.,  496. 

— Judges  shall  not  charge  juries  with  respect  to  mat- 
ters of  fact,  but  may  state  the  testimony  and  declare 
the  law.     Tenn.,  49G. 

— The  jurisdiction  of  such  inferior  courts,  as  the  Legis- 
lature may  from  time  to  time  establish,  shall  be  regu- 
lated by  law.     Tenn ,  49G. 

— The  Legislature  shall  have  the  right  to  vest  such 
powers  in  the  courts  of  justice,  with  regard  to  private 
and  local  affairs,  as  may  be  deemed  expedient.  Tenn., 
499. 

— The  Supreme  Court  shall  have  appellate  jurisdiction 
only,  which  shall  be  co-extensive  with  the  limits  of 
the  State;  but  in  criminal  cases  below  the  grade  of 
felony,  and  in  appeals  from  interlocutory  judgments, 
with  such  exceptions  and  under  such  regulations  as 
the  Legislature  shall  make;  and  the  Supreme  Court 
and  the  judges  thereof,  shall  have  power  to  issue  the 
writ  of  habeas  corpus,  and  under  such  regulations  as 
may  be  prescribed  by  law,  the  said  court  and  the 
Judges  thereof,  may  issue  the  writ  of  mandamus,  and 
such  other  writs  as  may  be  necessary  to  enforce  its 
own  jurisdiction.  The  Supreme  Court  shall  also  have 
power  upon  affidavit,  or  otherwise,  as  by  the  court 
may  be  thought  proper,  to  ascertain  such  matters 
of  fact  as  may  be  necessary  to  the  proper  exercise  of 
its  jurisdiction.  The  Supreme  Court  shall  sit  for  the 
transaction  of  business,  from  the  first  Monday  of 
October  until  the  last  Saturday  of  June  of  every  year, 
at  the  capital,  and  at  not  more  than  two  other  places 
in  the  State.     J&r.,  510. 

— The  District  Court  shall  have  original  jurisdiction 
of  all  criminal  cases ;  of  all  suits  in  behalf  of  the 
State  to  recover  penalties,  forfeitures  and  escheats ; 
of  all  cases  of  divorce;  of  all  suits  to  recover  dam- 
ages for  slander  or  defamation  of  character ;  of  all 
suits  for  the  trial  of  title  of  land  ;  of  all  suits  fur  the 
enforcement  of  liens;  of  all  suits  for  the  trial  of  the 
right  of  property,  levied  on  by  virtue  of  any  writ  of 
execution,  sequestration  or  attachment,  when  the 
property  levied  on  shall  be  equal  to,  or  exceed  in 
value  one  hundred  dollars ;  and  of  all  suits,  com- 
plaints or  pleas  whatever,  without  regard  to  any  dis- 
tinction between  law  and  equity,  when  the  matter 
in  controversy  shall  be  valued  at,  or  amount  to,  one 
hundred  dollars,  exclusive  of  interest ;  and  the  said 
courts  and  the  judges  thereof  shall  have  power  to 
issue  writs  of  injunction,  certiorari,  and  all  other  writs 
necessary  to  enforce  their  own  jurisdiction,  and  to 
give  them  a  general  superintendence  and  control 
over   inferior   tribunals.      The  District  Courts  shall 


122 


have  appellate  jurisdiction  in  cases  orifrinating  in 
inl'ei'ioi'  coui'ts,  wliich  may  be  final  in  such  cases  as 
tlie  Legislature  may  prescribe ;  and  orif^inal  and 
appellate  jurisdiction  and  general  control  over  the 
County  Court  established  in  each  county,  lor  appoint- 
ing guardians,  granting  letters  testamentary  and  of 
administiation ;  for  settling  the  accounts  of  execu- 
tors, administrators  and  guardians,  and  for  the  trans- 
action of  business  appertaining  to  estates ;  and 
original  jurisdiction  and  general  control  over  execu- 
tors, administrators,  guardians  and  minors,  uniler 
8  ich  regulations  as  may  be  prescribed  by  law.  2'ex., 
510. 

— The  District  Courts  shall  not  have  original  jurisdic- 
tion, except  in  cases  of  habeas  corpv.i,  mandamus  and 
prohibition.      Va.,  542. 

— The  Circuit  Courts  shall  have  the  supervision  and 
control  of  all  proceedings  before  justices  and  other 
inferior  tribunals,  by  mandamus,  prohibition  or 
certi'irari.  They  shall,  except  in  cases  confided 
exclusiveh'  by  this  Constitution  to  some  other  tribu- 
nal, have  original  and  general  jurisdiction  of  all  mat- 
ters at  law,  where  the  amount  in  controversy,  exclu- 
sive of  interest,  exceeds  twenty  dollars,  and  of  all 
cases  in  equity,  and  of  all  crimes  and  misdemeanors. 
They  shall  have  appellate  jurisdiction  in  all  cases, 
civil  and  criminal,  where  an  appeal,  writ  of  error  or 
stipersedeas  may  be  allowed  to  the  judgment  or  pro- 
ceedings of  any  inferior  tribunal.  They  shall  also 
have  such  other  jurisdiction,  whether  supervisory, 
original,  appellate  or  concurrent,  as  may  be  prescribed 
by  law.      II'.  Va  ,  553. 

— The  Circuit  Courts  shall  have  power,  under  such 
general  regulations  as  may  be  prescribed  by  law,  to 
grant  divorces,  change  ihe  names  of  persons,  and 
direct  the  sales  of  estates  belonging  to  infants  and 
other  persons  under  legal  disabilities,  but  relief  shall 
not  be  granted  by  special  legislation  in  such  cases. 
W.  Va.,  557. 

— The  Supreme  Court,  except  in  cases  otherwise  pro- 
vided in  this  Constitution,  shall  have  appellate  juris- 
diction only,  which  shall  be  co-extensive  with  the 
State;  but  in  no  case  removed  to  the  Supreme  Court, 
shall  a  trial  by  jury  be  allowed.  The  Supreme  Court 
shall  have  a  general  superintending  control  over  all 
inferior  courts;  it  shall  have  power  to  is,sue  writs  of 
habeas  corpus,  mandamus,  injunction,  quo  warranto, 
certiorari,  and  other  original  and  remedial  writs,  and 
to  hear  and  determine  the  same.  Wis.,  565. 
— The  Circuit  Courts  shall  have  original  jurisdiction 
in  all  matters,  civil  and  criminal,  within  this  State, 
not  excepted  in  this  Constitution,  and  not  hereafter 
prohibited  by  law,  an  appellate  jurisdiction  from  all 
inferior  courts  and  tribunahs,  and  a  supervisory  con- 
trol over  the  S3me.  They  shall  also  have  the  power 
to  issue  writs  ot  habeas  corptt.'s.  mandamus,  injunction, 
<jU0  warranto,  cei'tiorari,  and  all  other  writs  necessary 
to  carry  into  effect  their  order.s.  judgments  and 
decrees,  and  give  them  a  general  control  over  inferior 
courts  and  jurisdictions.      Wis.,  566. 


JUDGES  TO  GIVE  OPINIONS. 

— The  judges  of  all  courts  within  the  State,  shall,  as 
often  as  it  may  be  advisable  so  to  do,  in  every  definite 
judgment  refer  to  the  particular  law  in  virtue  of  which 
such  judgment  may  be  rendered,  and  in  all  cases 
adduce  the  reasons  on  which  their  judgment  is 
founded.     La..  231. 

— They  shall  be  obliged  to  give  their  opinion  upon 
important  questions  of  law,  and  ujion  solemn  occa- 
sions, when  required  by  the  Governor,  Council,  Sen- 
ate, or  House  of  Representatives.  Me.,  246, 
— Each  branch  of  the  Legislature,  as  well  as  the 
Governor  and  Council,  shall  have  authority  to  require 
the  opinions  of  the  Justices  of  the  Supreme  Judicial 
Court,  upon  important  questions  of  law,  and  upon 
solemn  occasions.  Afa.i,i.,  291) ;  jV.  //.,  403. 
— The  Judges  of  the  Supreme  Court  shall  give  their 
opinion  upon  important  questions  of  Coastitutioual 


law,  and  upon  solemn  occasions,  when  required  by 
the  Governor,  the  Senate  or  the  House  of  Representa- 
tives ;  and  all  such  opinions  shall  be  published  in  con- 
nection with  tlie  reported  decisions  of  said  court. 
Mo.,  358. 


JUDGES  TO  CHARGE  JURIES. 

— Judges  shall  not  charge  juries  with  regard  to  mat- 
ter of  fact,  but  may  state  the  testimony  and  declare 
the  law.  Arlc.  91 ;  Cat.,  102  ;  iXei:,  382. 
— The  Judges  of  the  Supreme  Court  shall,  in  all  trials, 
instruct  the  jury  in  the  law.  They  shall  also  give 
their  written  opinion  upon  any  question  of  law  when- 
ever requested  by  the  Governor,  or  by  either  House 
of  the  General  A8.>;embly.     R.  T.,  479. 


CHANGE  OF  VENUE. 

— The  General  Assembly  shall  not  change  the  venue 
in  any  criminal  or  penal  prosecution,  but  shall  provide 
for  the  same  by  general  laws.  Ay.,  212. 
—  The  Legislature  shall  provide  by  law  for  all  change 
of  venue  in  civil  and  criminal  cases.  La.,  234. 
— The  General  Assembly  shall  provide  by  law  for  the 
indictment  ami  trial  of  persons  charged  witli  the  com- 
mission of  any  felony  in  any  county  other  than  that 
in  which  the  offense  was  committed,  whenever,  owing 
to  prejudice,  or  any  other  cause,  an  impartial  grand 
or  petit  jury  cannot  be  impanneled  in  the  county  in 
whicli  sucli  oflense  was  committed.  Mo.,  362. 
— The  Legislature  shall  provide  for  a  change  of  venue 
in  civil  and  criminal  cases,  and  for  the  erection  of  a 
penitentiary  at  as  early  a  day  as  practicable.  Tex., 
316. 

— All  criminal  cases  shall  be  tried  in  the  county  where 
the  crime  was  committed,  except  in  cases  where  a 
jury  cannot  be  obtained.      Oa.,  148. 


COSTS. 

—No  costs  shall  be  paid  by  a  person  accused  on  a 
bill  being  returned  ignoramus,  nor  on  acquittal  by  a 
jury.     Del,  125. 

— At  any  time  ]iending  an  action  for  debt  or  damages, 
the  defendant  may  bring  into  court  a  sum  of  money 
for  discharging  the  same,  and  the  costs  then  accrued, 
and  the  plaintiff  not  accepting  thereof,  it  shall  be 
delivered  ibr  his  u.se  to  the  Cleric  or  Prothonotary  of 
the  court:  and  if,  upon  the  final  decision  of  the  cause, 
the  plaintiff  shall  not  recover  a  greater  sum  than  that 
so  paid  into  court  for  him,  he  shall  not  recover  any 
costs  accruing  after  such  payment,  except  where  the 
plaintiff  is  an  executor  or  administrator.  Del,  123. 
— The  Legislature  shall  by  law  provide  that  on  the 
entry  or  commencement  of  any  suit  in  the  District 
Court,  the  party  so  commencing  or  entering  such 
suit,  shall,  before  the  same  is  commenced  or  entered, 
pay  to  the  Clerk  of  the  District  Court  the  sum  of  five 
dollars;  and  in  like  manner  on  the  entry  or  com- 
mencement of  any  suit  in  the  Supreme  Court,  shall 
pay  the  sum  of  ten  dollars  to  the  clerk  thereof,  which 
money  so  paid,  sliall  be  for  the  use  of  the  State,  and 
shall  be  paid  by  .said  clerks  to  the  proper  offices 
designated  by  law,  as  by  law  may  be  required ;  which 
money  so  received  shall  be  held  and  esteemed  as  a 
judiciary  fund,  and  to  be  applied  in  payment  of  the 
salaries  of  the  Justices  of  the  Supreme  Court.  Which 
amounts  so  paid  shall  be  taxed  as  costs  against  the 
unsuccessful  party,  and  collected  as  other  costs; 
Provided,  the  Legislature  may  provide,  by  law  for 
dispensing  with  tlie  payment  of  said  sums  of  money 
in  cases  where  the  party  so  commencing  or  entering 
suit  shall  be  really  unable  to  pay  the  same,  and  the 
amount  shall  in  all  cases  be  taxed  and  collected  as 
other  costs;  Provided,  also,  That  the  Legislature  shall 
have  power  whenever  the  amount  so  received  shall 
exceed  the  .salaries  of  the  Judges  of  the  Supreme 
Court,  to  reduce  the  amount  to  be  paid  so  that  the 
gross  amount  will  not  exceed  such  salaries.     Ntb.,  375. 


123 


1  §  7.  The  judges  of  the  Court  of  Appeals  and  justices  of  the  Supreme 

2  Court  shall  severally  receive  at  stated  times,  for  their  services,  a  compensation 

3  to  be  established  by  law,  which  shall  not  be  increased  or  diminished  during 

4  their  continuance  in  oflBce. 

1  §  8.  They  shall  not  hold  any  other  oflice  or  public  trust.    All  votes  for 

2  either  of  them,  for  any  elective  oflBce  (except  that  of  justice  of  the  Supreme 

3  Court,  or  judge  of  the  Court  of  Appeals),  given  by  the  Legislature  or  the 

4  people,  shall  be  void.    They  shall  not  exercise  any  power  of  appointment  to 

5  public  office.    Any  male  citizen  of  the  age  of  twenty-one  years,  of  good  moral 

6  character,  and  who  possesses  the  requisite  qualifications  of  learning  and 

7  ability,  shall  be  entitled  to  admission  to  practice  in  all  the  courts  of  this  State. 


SALARIES    OF  JUDGES  — PROHIBITION 
AGAINST  FEES. 

— The  judges  of  the  Supreme  Court,  Circuit  Courts 
and  Courts  of  Chancery,  shall,  at  stated  times,  receive 
for  their  services  a  coiipensation,  which  shall  be  fixed 
by  law,  and  which  shall  not  be  diminished  during 
their  continuance  in  office;  but  they  shall  receive  no 
fees  or  perquisites  of  office,  nor  hold  any  office  of 
profit  or  trust  under  this  State,  the  United  States,  or 
any  other  power.     Ala.,  80. 

— The  Judges  of  the  Supreme  Courts  and  Circuit 
Courts  shall,  at  stated  times,  receive  a  compensation 
for  their  services,  to  be  ascertained  by  law,  which 
shall  not  be  diminished  during  the  time  for  which 
they  are  elected.     Ark.,  91. 

— The  presiding  Judge  of  the  Probate  and  County 
Court,  and  Justices  of  the  Peace,  shall'  receive  for 
their  services  such  compensation  and  iees  as  the  Gen- 
eral Assembly  may  from  time  to  time  by  law  direct. 
Ark,  91. 

— No  judicial  ofiicer  except  a  Justice  of  the  Peace, 
Recorders  and  Commissioners,  shall  receive  to  his 
own  use  any  fees  or  perquisites  of  office.  Cul.  (as 
amended  in  1802.) 

— The  Justices  of  the  Supreme  Court,  District  Judges, 
and  County  Judges,  shall  severally,  at  stated  times 
during  their  continuance  in  ofiice,  receive  for  their 
services  a  compensation,  which  sliall  not  be  increased 
or  diminished  during  the  term  for  which  they  shall 
have  been  elected;  Provided,  Tr.at  County  Judges 
shall  be  paid  oit  of  the  county  treasury  of  their 
respective  counties.  Ca/.  (as  amended  in  18G2.) 
— And  receive  for  their  services  a  compensation  which 
shall  be  fixed  by  law  and  paid  quarterly,  and  shall 
not  be  less  than  the  following  sums,  that  is  to  say : — 
the  annual  salary  of  the  Chief  Justice  shall  not  be  less 
than  the  sum  of  one  thousand  two  hundred  dollars ; 
and  the  annual  salary  of  the  Chancellor  shall  not  be 
less  than  the  sum  of  one  thousand  one  hundred  dollars; 
and  the  annual  salaries  of  the  Associate  Judges, 
respectively,  shall  not  be  less  than  the  sum  of  one 
thou.«and  dollars  each.  Del.,  123. 
— The  judges  shall  have  salaries  adequate  to  their 
services  fixed  by  law,  which  shall  not  be  diminished 
nor  increased  during  their  continuance  in  office; 
but  shall  not  receive  any  other  perquisites  or  emolu- 
ments whatever,  from  parties  or  others,  on  account 
of  any  duty  required  of  them.  Gn.,  149. 
— The  Judges  of  the  Supreme  Court  .sliall  receive  a 
salary  of  twelve  hundred  dollars  per  annum,  payable 
quarterly,  and  no  more.  Tlie  Judges  of  the  Circuit 
Courts  shall  receive  a  salary  of  one  thousand  dollars 


per  annum,  payable  quarterly,  and  no  more.     Ill, 
160. 

— The  Judges  of  the  Supreme  Court,  and  Circuit 
Courts  shall  at  stated  times,  receive  a  compensation, 
which  shall  not  be  diminished  during  their  continu- 
ance in  office,  hid.,  177;  Mo.,  359. 
— The  salary  of  each  Judge  of  the  Supreme  Court 
shall  be  two  thousand  dollars  per  annum ;  and  that 
of  each  District  Judge,  sixteen  hundred  dollars  per 
annum,  until  the  year  1860,  after  which  time  they 
shall  severally  receive  such  compensation  as  the  Gen- 
eral Assembly  may  by  law  prescribe ;  which  compen- 
sation shall  not  be  increased  or  diminished  during  the 
term  for  which  they  shall  have  been  elected.  Iowa, 
189. 

— The  Justices  of  the  Supreme  Court  and  Judges  of 
the  District  Courts  shall,  at  stated  times,  receive  for 
their  services  such  compensation  as  may  be  provided 
by  law,  which  shall  not  be  increased  during  their 
respective  terms  of  office;  Provided,  Such  compensa- 
tion shall  not  be  less  than  fifteen  hundred  dollars  to 
each  justice  or  judge,  each  year.  Kan.,  201. 
— The  Judges  of  the  Circuit  Courts  shall,  at  stated 
times,  receive  for  their  services  an  adequate  compen- 
sation, to  be  fixed  by  law,  which  shall  be  equal  and 
uniform  throughout  the  State,  and  which  shall  not  be 
diminished  during  the  time  for  which  they  were 
elected.     Ky.,  216. 

— The  Chief  Justice  shall  receive  a  salary  of  seven 
thousand  five  hundred  dollai-s,  and  each  of  the  Asso- 
ciate Justices  a  salary  of  seven  thousand  dollars 
annually,  uniil  otherwise  provided  by  law.  The 
court  shall  appoint  its  own  clerks.  La.,  231. 
— The  judges,  both  of  the  Supreme  and  Inferior 
Courts,  shall  receive  a  salary,  which  shall  not  be 
diminished  dui'ing  their  continuance  in  office;  and 
they  are  prohibited  from  receiving  any  fees  of  office 
or  other  compensation  than  their  salaries  for  any  civil 
duties  performed  by  them.  La.,  232. 
— The  Justices  of  the  Supreme  Judicial  Court  shall,  at 
stated  times,  receive  a  compensation,  which  shall  not 
be  diminished  during  their  continuance  in  office,  but 
they  shall  receive  no  other  fee  or  reward.  Me.,  246. 
—The  salary  of  the  Justices  of  the  Court  of  Appeals 
shall  be  three  thousand  dollars  each  per  annum,  pay- 
able quarterly.     Md.,  267. 

— The  salary  of  each  Judge  of  the  Circuit  Court 
shall  be  twenty-five  lumdred  dollars  per  annum,  pay- 
abh^  quarterU',  and  shall  not  be  increased  or  dimin- 
ished during  his  continuance  in  oflice.  Md.,  268. 
— And  no  fees  or  perquisites,  commission  or  reward 
of  any  kind,  shall  be  allowed  to  any  judge  in  this 
State,  besides  his  annual  .salary  or  fixed  per  diem  for 
the  discharge  of  any  official  duty.     Md.,  26G. 


124 


^Permanent  and  honorable   salaries  shall  also  be 

established  by  law  for  the  Justices  of  the  Supreme 
Judicial  Court.     Mass.,  289 ;  (nearly  similar),  N.  11, 

407. 

And  if  it  shall  be  found  that  any  of  the  salaries 

aforesaid,  so  established,  are  insufficient,  tliey  shall, 
from  time  to  time,  be  enlarged,  as  tlie  General  Court 
shall  judge  proper.     Mass.,  289. 

— The  Judges  of  the  Circuit  Court  shall  each  receive 
an  annual  salary  of  one  thousand  five  hundred  dol- 
lars ;  the  State  Treasurer  shall  receive  an  annual 
salary  of  one  thousand  dollars ;  the  Auditor-General 
shall  receive  an  annual  salary  of  one  thousand  dollars ; 
the  Superintendent  of  Public  Instruction  shall  receive 
an  annual  salary  of  one  thousand  dollars ;  the  Sec- 
retary of  State  shall  receive  an  annual  salary  of  eight 
hundred  dollars;  the  Commissioner  of  the  Land 
Office  shall  receive  an  annual  salary  of  eight  hun- 
dred dollars;  the  Attorney-General  shall  receive  an 
annual  salary  of  eight  hundred  dollars.  They  shall 
receive  no  fees  or  perquisites  whatever,  for  the  per- 
formance of  any  duties  connected  with  their  offices. 
It  shall  not  be  competent  for  the  Legislature  to 
increase  the  salaries  herein  jjrovided.  Mich.,  308. 
— Each  of  the  Judges  of  the  Circuit  Court  shall  receive 
a  salary  payable  quarterly.  Mich.,  30G. 
— The  Judges  of  the  Supreme  and  District  Courts 
shall  be  men  learned  in  the  law,  and  shall  receive 
such  compensation,  at  stated  times,  as  may  be  pre- 
scribed by  the  Legislature,  which  compensation  shall 
not  be  diminished  during  their  continuance  in  office, 
but  they  shall  receive  no  other  fee  or  reward  for  their 
services.     Minn.,  324. 

— The  judges  of  said  court  shall  receive  for  their  ser- 
yices  a  compensation  to  be  fiked  by  law,  which  shall 
not  be  diminished  during  their  continuance  in  office. 
Miss.,  330. 

— The  salary  of  the  Justices  of  the  Supreme  Court 
shall  be  two  thousand  dollars  each  per  annum  and  no 
more ;  and  all  other  judicial  officers  shall  be  paid  for 
their  services  in  fees  to  be  prescribed  by  law.  N.  J., 
376. 

— No  judicial  officer,  except  Justice  of  the  Peace  and 
City  Recorders,  shall  receive  to  his  own  use  any  fees 
or  perquisites  of  office.  Nn\,  387. 
— The  Justices  of  the  Supreme  Court  and  District 
Judges  shall  each  receive  quarterly,  for  their  services, 
a  compensation  to  be  fixed  by  law,  and  which  shall 
not  be  increased  or  diminished  during  the  term  for 
•which  they  shall  have  been  elected,  unless  a  vacancy 
occurs,  in  which  case  a  successor  of  the  former  incum- 
bent shall  receive  only  such  salary  as  may  be  provided 
by  law  at  the  time  of  his  election  or  appointment; 
and  provision  shall  be  made  by  law  for  setting  apart 
from  each  year's  revenue  a  sufficient  amount  of  money 
to  pay  such  compensation;  Provided,  That  District 
Judges  shall  be  paid  out  of  the  treasuries  of  the 
counties  composing  their  respective  districts.  Nev., 
387. 

— The  Judges  of  the  several  District  Courts  of  this 
State  shall  be  paid  as  hereinbefore  provided,  salaries 
at  the  following  rates  per  annum  :  First  Judicial  Dis- 
trict (each  judge),  $6,000 ;  Second  Judicial  District, 
§4,000;  Third  Judicial  District,  $5,000;  Fourth  Judi- 
cial District,  $.5,000 ;  Fifth  Judicial  District,  $3,600; 
Sixth  Judicial  District,  $4,000 ;  Seventh  Judicial 
Disirict,  $6,000;  Eighth  Judicial  District,  $3,600; 
Ninth  Judicial  District,  $5,000.  Nev.,  395. 
— The  salary  of  any  Judge  in  said  judicial  districts 
may,  by  law,  be  altered  or  changed,  subject  to  ihe 
provisions  contained  in  this  Constitution.  Nev.,  395. 
— Such  of  the  six  judges  as  shall  attend  the  court 
shall  receive,  respectively,  a  per  diem  compensation, 
to  be  provided  by  law.  N.  J.,  417. 
— That  the  Governor,  Judges  of  the  Supreme  Coiirt 
of  law  and  equity,  Judges  of  Admiralty,  and  Attor- 
ney-General, shall  have  adequate  salaries  during  their 
continuance  in  office.  N.  C,  425. 
— The  Judges  of  the  Supreme  Court  and  of  the 
Court  of  Common  Pleas,  shall,  at  stated  times, 
receive  for  their  services  such  compensation  as  may 
b3  provided  by  law,  which  shall  not  be  diminished  or 


increased  during  their  term  of  offii'c,  but  they  shall 
receive  no  fees  or  perquisite.^.  Ohio,  431. 
— The  Judges  of  the  Supreme  Court  shall  each 
receive  an  annual  salary  of  two  thousand  dollars. 
They  shall  receive  no  fees  or  perquisites  whatever 
for  the  performance  of  any  duties  connected  with 
their  respective  offices,  and  the  compensation  of 
officers,  if  not  fixed  by  this  Constitution,  shall  be 
provided  by  law.     Or.,  457. 

— The  Judges  of  the  Supreme  Court  shall  receive  a 
compensation  for  their  services,  which  shall  not  be 
diminisheil  or  increased  during  their  continuance  in 
office.     R.  I.,  480. 

— The  Judges  of  the  Supreme  and  inferior  courts 
shall,  at  stated  times,  receive  a  compensation  for  their 
services,  to  be  ascertained  by  law,  which  shall  not  be 
increased  or  diminished  during  the  time  for  which 
they  are  elected.  They  shall  not  be  allowed  any 
fees  or  perquisites  of  office,  nor  hold  any  other  office 
of  trust  or  profit  under  this  State  or  the  United 
States.     Tenn.,  496. 

— Judges  shall  be  commissioned  by  the  Governor,  and 
shall  receive  fixed  and  adequate  salaries,  which  shall 
not  be  diminished  during  their  continuance  in  office. 
The  salary  of  a  Judge  of  the  Supreme  Court  of  Ap- 
peals shall  not  be  less  than  three  thousand  dollars, 
and  that  of  a  Judge  of  the  Circuit  Court  not  less  than 
two  thousand  dollars  per  annum,  except  that  of  the 
Judge  of  the  fifth  circuit,  which  shall  not  be  less  than 
fifteen  hundred  dollars  per  annum,  and  each  shall 
receive  a  reasonable  allowance  for  necessary  travel. 

r«.,  542. 

— Judges  shall  be  commissioned  by  the  Governor. 
The  salary  of  a  Judge  of  the  Supreme  Court  of  Ap- 
peals shall  be  two  thousand,  and  that  of  a  Judge  of  a 
Circuit  Court  eighteen  hundred  dollars  per  annum, 
and  each  shall  receive  the  same  allowance  for  neces- 
sary travel  as  members  of  the  Legislature.  W.  Va., 
553. 
— Each  of  the  Judges  of  the  Supreme  and  Circuit 

Courts  shall  receive  a  salary,  payable  quarterly,  of  not 
less  than  one  thousand  five  hundred  dollars  annually. 

Wis.,  566. 


TERM  OF  OFFICE  OF  JUDGES. 

— The  Chancellor,  the  Judges  of  the  Supreme  Court, 
and  first  Judge  of  the  County  Court  in  every  county, 
hold  their  offices  during  good  behavior,  or  until  they 
shall  have  respectively  attained  the  age  of  sixty  years. 
— The  Chancellor  and  Justices  of  the  Supreme  Court 
shall  hold  their  offices  during  good  behavior,  or  until 
they  shall  attain  the  age  of  sixty  years.  N.  Y.  (1821). 
40. 

— The  Judges  of  the  several  Courts  of  this  State  shall 
hold  their  offices  for  the  term  of  six  years ;  and  the 
right  of  any  judge  to  hold  his  office  lor  the  full  term 
hereby  prescribed  shall  not  be  affected  by  any  change 
hereafter  made  by  law  in  any  circuit  or  district,  or  in 
the  mode  or  time  of  election. 

Immediately  after  such  election  by  the  people,  the 
Lieutenant-Governor  and  Speaker  of  the  House  of 
Representatives  shall  proceed,  by  lot,  to  divide  the 
judges  into  three  classes.  The  commission  of  the  first 
class  shall  expire  at  the  end  of  four  years;  of  the 
second  class,  at  the  end  of  six  ycar.s ;  and  of  the  third 
class  at  the  end  of  eight  years;  so  that  one-third  of 
the  whole  number  shall  be  chosen  every  four,  six  and 
eight  years.     Arl:,  91. 

— The  District  Judges  shall  hold  their  offices  for  the 
term  of  six  years  from  the  first  day  of  January  next 
after  their  election.  The  Legislature  snail  have  no 
power  to  grant  leave  of  absence  to  a  judicial  officer 
and  any  such  officer  who  fliall  absent  himself  from 
the  State  for  upwards  of  thirty  consecutive  days,  shall 
be  deemed  to  have  forfeited  his  office.  Cal,  (as 
amended  in  1862.) 

— The  County  Judges  shall  hold  their  offices  for  the 
term  of  four  years  (roni  the  first  day  of  January  next 
after  their  election.      Cai,  (as  amended  in  1862.) 


125 


— In  order  that  no  inconvenience  may  result  to  the 
pubHc  service  from  the  taking  effect  of  tlie  amend- 
ments proposed  to  said  article  six  by  tlie  Legislature 
of  18fjl,  no  officer  shall  be  superceded  thereby,  nor 
shall  the  organization  of  the  several  courts  be  changed 
■  thereby,  until  the  election  and  qualification  of  the 
P  several  officers  provided  for  in  said  amendments. 
Cat,  (as  amended  in  1862.) 

— The  Chancellor  and  Judges  shall  respectively  hold 
their  offices  during  good  behavior.  Del.,  123. 
— On  the  first  Monday  in  December,  one  thousand 
eight  hundred  and  forty-eight,  the  term  of  office  of 
Judges  of  the  Supreme  Court,  State's  Attorneys,  and 
of  the  Clerks  of  the  Supreme  and  Circuit  Courts, 
shall  expire ;  and  on  the  said  day,  the  term  of  office 
of  the  Judges,  State's  Attorneys,  and  Clerks  elected 
under  the  provisions  of  this  Constitution,  shall  com- 
mence.    Ill,  1G8. 

— All  judicial  officers  shall  hold  their  offices  until 
their  successors  shall  have  qualified.  Kan.,  201. 
— The  Judges  first  elected  shall  serve  as  follows,  to 
wit :  one  shall  serve  until  the  first  Monday  in 
August,  1852  ;  one  until  the  first  Monday  in  August, 
ISui;  one  until  the  first  Monday  in  August,  IS.'SG, 
and  one  until  the  first  Monday  in  August,  1858.  The 
judges,  at  the  first  term  of  the  court  succeeding  their 
election,  shall  determine,  by  lot,  the  length  of  time 
■which  each  one  shall  serve ;  and  at  the  expiration  of 
the  service  of  each,  an  election  in  the  proper  district 
shall  take  place  to  fill  the  vacancy.  The  judge  having 
the  shortest  time  to  serve  shall  be  styled  the  Chief 
Justice  of  Kentucky.  Ky.,  215. 
-The  Judges  of  the  Circuit  Court  shall,  after  their 
first  term,  hold  their  office  for  the  term  of  six  years 
from  the  day  of  their  election.  They  shall  be  corn- 
misisioned  by  the  Governor,  and  continue  in  office 
until  their  successors  be  qualified,  but  shall  be 
removable  from  office  in  the  same  manner  as  the 
Judges  of  the  Court  of  Appeals;  and  the  removal  of 
a  Judge  from  his  district  shall  vacate  his  office.  Ky., 
216. 

— The  first  election  of  County  Court  Judges  shall 
take  place  at  the  same  time  of  the  election  of  Judges 
of  the  Circuit  Court.  The  Presiding  Judge,  first 
elected,  shall  hold  his  office  until  the  first  Monday  in 
August,  1854.  The  Associate  Judges  shall  hold  their 
offices  until  the  first  Monday  in  August,  1852,  and 
until  their  successors  be  qualified ;  and  afterwards 
elections  shall  be  held  on  the  first  Monday  in  August, 
in  the  years  in  which  vacancies  regularly  occur. 
Ky.,  217. 

— All  judicial  officers  now  in  office,  or  who  may  be 
hereafter  appointed,  shall,  from  and  after  the  first  day 
of  March  in  the  year  1840,  hold  their  offices  for  the 
term  of  seven  years  from  the  time  of  their  respective 
appointments,  unless  sooner  removed  by  impeach- 
ment or  by  address  of  both  branches  of  the  Legisla- 
ture to  the  Executive,  and  no  longer,  unless  re-ap- 
pointed thereto.     Me.,  252. 

— The  present  Judges  of  the  Circuit  Courts  shall 
continue  to  act  as  Judges  of  the  respective  Circuit 
Courts  within  the  judicial  circuits  in  which  they 
respectively  reside,  until  the  expiration  of  the  term 
for  which  they  were  respectively  elected,  and  until 
their  successors  are  elected  and  qualified,  viz. :  the 
present  judges  of  the  first,  second,  third,  fourth,  sixth 
and  eighth  judicial  circuits,  as  organized  at  the  time 
of  the  adoption  of  this  Constitution,  shall  continue  to 
act  as  judges  respectively  of  the  first,  second,  fourth, 
fifth,  ninth  and  twelfth  judicial  circuits  as  organized 
under  the  Constitution  ;  and  an  election  of  judges  of 
the  third,  sixth,  seventh,  eighth,  tenth  and  eleventh 
judicial  circuits  shall  be  held  on  the  Tuesday  next 
after  the  first  Monday  in  the  month  of  November,  in 
the  year  eighteen  hundred  and  sixty-four.  Md.,  2G8. 
— On  the  first  day  of  January,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-two,  the  terms  of  office 
of  the  Judges  of  the  Supreme  Court,  under  existing 
laws,  and  of  the  Judges  of  the  County  Courts,  and 
of  the  Clerks  of  the  Supreme  Court,  shall  expire  on 
the  said  day.     Mich.,  316. 


— The  Judges  of  the  Supreme  Court  shall  be  elected 
by  the  electors  of  the  State  at  large,  and  their  term, 
of  office  shall  be  seven  years,  and  until  their  successors 
are  elected  and  qualified.  Minn.,  324. 
— The  office  of  one  of  said  Judges  shall  be  vacated  ia 
two  years,  and  of  one  in  four  years,  and  of  one  in  six 
years,  so  that  at  the  e.xpiration  of  every  two  years, 
one  of  said  judges  shall  be  elected  as  aforesaid.  Miss., 
338. 

— The  Judges  of  the  Supreme  Court  shall  hold  office 
for  the  term  of  six  years,  and  until  their  successors 
shall  be  duly  elected  and  qualified,  except  as  herein- 
after provided.     Mo.,  357. 

— The  Judges  of  the  Supreme  Court  and  District 
Judges  provided  to  be  elected  at  the  first  election 
under  this  Constitution,  shall  qualify  aud  enter  upon 
the  duties  of  their  respective  offices  on  the  first  Mon- 
day of  December  succeeding  their  election.  Nev..  395. 
— The  tenure  that  all  commissioned  officers  shall  have 
by  law  in  their  offices  shall  be  expressed  in  tlieir 
respective  commissions.  All  judicial  officers,  duly 
appointed,  commissioned  and  sworn,  shall  hold  their 
offices  during  good  behavior,  excepting  those  concern- 
ing whom  there  is  a  different  provision  made  in  this 
Constitution.     N.  H.,  408. 

— It  is  essential  to  the  preservation  of  the  rights  of 
every  individual,  his  life,  liberty,  property  and  charac- 
ter, that  there  be  an  impartial  interpretation  of  the 
laws  and  aflministration  of  justice.  It  is  the  right  of 
every  citizen  to  be  tri;d  by  judges  as  impartial  as  the 
lot  of  humanity  will  admit.  It  is,  therefore,  not  only 
the  best  policy,  but  for  the  security  of  the  rights  of 
the  people,  that  the  Judges  of  the  Supreme  Judicial 
Court  should  hold  their  offices  so  long  as  they  behave 
well ;  subject,  however,  to  such  limitations  on  account 
of  age  as  may  be  provided  by  the  Constitution  of  the 
State  ;  and  that  they  should  have  honorable  salaries, 
ascertained  and  established  by  standing  laws.  N.  H., 
401. 

— The  Justices  of  the  Supreme  Court  and  Chancellor 
shall  hold  their  offices  for  the  term  of  seven  years ; 
shall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, which  shall  not  be  diminislied  during  the 
term  of  their  appointment ;  and  they  shall  hold  no 
other  office  under  the  government  of  this  State  or  of 
the  United  States.     N.  J.,  A\9. 

— Immediately  after  the  court  shall  first  assemble,  the 
six  judges  shall  arrange  themselves  in  such  manner 
that  the  seat  of  one  of  them  shall  be  vacated  every 
year,  in  order  that  thereafter  one  judge  may  be  annu- 
ally appointed.     N.J.,in. 

— They  [the  Judges  of  the  Court  of  Common  Pleas], 
shall  hold  their  offices  for  five  years;  but  when 
appointed  to  fill  vacancies,  they  shall  hold  for  the 
unexpired  term  only.  N.  J.,  419. 
— The  Judges  of  the  Supreme  Court  shall,  immediately 
after  the  first  election  under  this  Constitution,  be 
classified  by  lot,  so  that  one  shall  hold  for  the  term 
of  one  year,  one  for  two  years,  one  for  three  years, 
one  for  four  years  and  one  for  five  years ;  and  at  all 
subsequent  elections,  the  terra  of  each  of  said  judges 
shall  be  for  five  years.  Ohio,  437. 
— The  Judges  of  the  Courts  of  Common  Pleas  shall, 
while  in  office,  reside  in  the  district  for  which  they 
are  elected ;  and  their  term  of  office  shall  be  for  five 
years.      Ohio,  437. 

— The  judges  first  chosen  under  this  Constitution 
shall  allot  among  themselves  their  terms  of  office,  so 
that  the  term  of  one  of  them  shall  expire  in  two 
years,  one  in  four  years,  and  two  in  six  years;  and 
thereafter  one  or  more  shall  be  chosen  every  two 
years,  to  serve  for  tlie  term  of  six  years.  Or.,  454. 
— The  Judges  of  the  Supreme  Court,  of  tlie  several 
Courts  of  Common  Pleas,  and  of  such  other  courts  of 
record  as  are  or  shall  be  established  by  law,  shall  be 
nominated  by  the  Governor,  and  by  and  with  the 
consent  of  the  Senate  appointed  and  commissioned 
by  him.  The  Judges  of  the  Supreme  Court  shall 
hold  their  offices  for  the  term  of  fifteen  years,  if  they 
shall  so  long  behave  themselves  well.  Pa.,  464. 
— The  Associate  Judg3s  of  the  Courts  of  Common 


126 


Pleas  shall  hold  their  ofBces  for  the  term  of  five  years, 
if  they  shall  so  long  behave  themselves  well. 
Pa.,  4G4. 

— The  commissions  of  the  Judges  of  the  Supreme 
Court  who  may  be  in  office  on  the  first  day  of  Janu- 
ary next,  shall  expire  in  the  follcwing  manner: — The 
commission  which  bears  the  earliest  date  shall  expire 
on  the  first  day  of  January,  Anno  Domini  one  thou- 
sand eight  hundred  and  ibrty-two ;  the  commission 
next  dated  shall  expire  on  the  first  day  of  Jaunary, 
Anno  Domini  one  thousand  eight  hundred  and  forty- 
five;  the  commission  next  dated  shall  expire  on  the 
first  day  of  Januarj',  Anno  Domini  one  thousand  eight 
hundred  and  forty-eight;  the  commission  next  dated 
shall  expire  on  the  first  day  of  January,  Anno  Domini 
one  thousand  eight  hundred  and  fifty-one;  and  the 
commission  last  dated  shall  expire  on  the  first  day  of 
January,  Anno  Domini  one  thousand  eight  hundred 
and  fifty-four.     Pa.,  4G9. 

— The  commissions  of  the  President  Judges  of  the 
several  judicial  districts,  and  of  the  Associate  Law 
Judges  of  the  First  Judicial  District  shall  expire  as 
follows : — The  commissions  of  one-half  of  those  who 
shall  have  held  their  offices  ten  years  or  more, 
at  the  adoption  of  the  amendments  to  tlie  Constitu- 
tion, shall  expire  on  the  twenty-seventh  day  of  Feb- 
ruary, one  thousand  eight  hundred  and  thirty-nine; 
the  commissions  of  the  other  half  of  those  who  shall 
have  held  their  offices  ten  years  or  more,  at  tlie  adop- 
tion of  the  amendments  to  the  Constitution,  shall 
expire  on  the  twenty-seventh  day  of  February,  one 
thousand  eight  hundred  and  forty-two;  the  first  half 
to  embrace  tliose  whose  commissions  shall  bear  the 
oldest  date.  The  commissions  of  all  the  remaining 
judges  who  shall  not  have  held  their  oflices  for  ten 
years  at  the  adoption  of  the  amendments  to  the 
Constitution,  shall  expire  on  the  twenty-seventh  day 
of  February  next  after  the  end  of  ten  years  from  the 
date  of  their  commissions.  Pa.,  469. 
— The  Legislature,  at  its  first  session  under  the 
amended  Constitution,  shall  divide  the  other  Associ- 
ate Judges  of  the  State  into  four  classes.  The  com- 
missions of  those  of  the  first  class  shall  expire  on  the 
tw^enty-seventh  day  of  February,  eighteen  hundred 
and  forty ;  of  those  of  the  second  class  on  the  twenty- 
seventh  day  of  February,  eighteen  hundred  and  forty- 
one  ;  of  those  of  the  third  class  on  the  twenty-seventh 
day  of  February,  eighteen  hundred  and  forty-two  ; 
and  of  those  of  the  fourth  class  on  the  twenty- 
seventh  day  of  February,  eighteen  hundred  and 
forty-three.  The  said  classes,  from  the  first  to  the 
fourth,  shall  be  arranged  according  to  the  seniority 
of  the  commissions  of  the  several  judges.  Pa., 
469. 

— For  each  circuit  a  judge  shall  be  chosen  in  the 
manner  hereinbefore  provided,  who  shall  hold  his 
office  for  the  term  of  eight  years  unless  sooner 
removed  in  the  manner  prescribed  by  this  Constitu- 
tion. He  shaU,  at  the  time  of  being  chosen,  be  at 
least  thirty  years  of  age,  and  shall  have  resided  in 
the  State  one  year  next  preceding  his  election,  and 
during  his  continuance  in  office  sliall  reside  in  the 
circuit  of  which  he  is  judge.  Va.,  541. 
— For  each  section  a  judge  shall  be  chosen  in  the 
manner  hereinbefore  provided,  who  shall  hold  his 
office  for  the  term  of  twelve  years  unless  sooner 
removed  in  the  manner  prescribed  by  this  Constitu- 
tion. He  shall,  at  tlie  time  of  his  being  chosen  be 
at  least  tliirty  years  of  age,  and  shall  liave  resided  in 
the  State  one  year  next  preceding  his  election,  and 
during  his  continuance  in  ofilce  he  shall  reside  in  the 
section  for  which  he  is  cho.sen.  Va.,  542. 
— Judges  and  all  other  officers,  whetlier  elected  or 
appointed,  shall  continue  to  discharge  the  duty  of 
their  offices  after  their  terms  of  service  have  expired, 
until  their  successors  are  qualified.  Va.,  543. 
— For  each  circuit  a  judge  shall  be  elected  by  the 
Toters  thereof,  who  shall  hold  his  office  for  the  term 
of  six  years.  During  his  continuance  in  office  he 
shall  reside  in  tiie  circuit  of  which  he  is  judge.  IF. 
Va.,  553. 


JUDGES  MAY  HOLD  NO  OTHER  OFFICE. 

— That  the  Chancellor,  and  Judges  of  the  Supreme 
Court  shall  not,  at  the  same  time,  hold  any  other 
office,  excepting  that  of  delegate  to  the  General  Con- 
gress, upon  special  occasions;  and  that  tlie  first 
Judges  of  the  County  Courts,  in  the  several  counties, 
shall  not,  at  the  same  time,  hold  any  other  office, 
excepting  that  of  Senator,  or  Delegate  to  the  Gene- 
ral Congress.  But  if  the  Chancellor,  or  either  of  the 
said  judges,  be  elected  or  appointed  to  any  other 
office,  excepting  as  is  before  excepted,  it  shall  be  at 
his  option  in  which  to  serve.  N.  Y.  (1777),  30. 
—Neither  the  Chancellor  nor  Justices  of  the  Supreme 
Court,  nor  any  circuit  judge,  shall  hold  any  other 
office  or  public  trust.  All  votes  for  any  elective 
office,  given  by  the  Legislature  or  the  people,  for  the 
Chancellor  or  a  Justice  of  the  Supreme  Court,  or 
Circuit  Judge,  during  his  continuance  in  judicial 
office  shall  be  void.  N.  Y.  (1821),  41. 
— They  shall  not  be  allowed  any  fees  or  perquisites 
of  office,  nor  hold  any  other  office  or  trust  or  profit 
under  this  State  or  the  United  States.  Ark,  91. 
— Tlie  Justices  of  the  Supreme  Court  and  the  District 
Judges  and  County  Judges,  shall  be  ineligible  to  any 
other  office  than  a  judicial  office  during  the  term  for 
which  they  shaU  have  been  elected.  Cal,  (as  amended 
in  18G2.) 

— Tliey  shall  hold  no  other  office  of  profit,  nor  receive 
any  fees  or  perquisites  in  addition  to  tlieir  salaries  for 
business  done  by  them.  Del,  123 
— Tlie  Judges  of  the  Supreme  and  Circuit  Courts 
shall  not  be  eligible  to  any  other  office  or  public 
trust,  of  profit  in  tliis  State  or  the  United  States, 
during  the  term  for  wliich  they  are  elected,  nor  for 
one  year  thereafter.  All  votes  for  either  of  them  for 
any  elective  office  (except  tliat  of  Judge  of  the 
Supreme  or  Circuit  Courts),  given  by  the  General 
Assembly,  or  the  people,  shall  be  void.  Ill,  160. 
— No  person  elected  to  any  judicial  office  sliall,  during 
the  term  for  which  he  shall  have  been  elected,  be  eli- 
gible to  any  office  of  trust  or  profit  under  £ne  State, 
other  than  a  judicial  office.  Lid.,  177. 
— And  such  justices  or  judges  shall  receive  no  fees  or 
perquisites,  nor  hold  any  other  office  of  profit  or 
trust  under  the  authority  of  the  State,  or  of  the 
United  States,  during  the  term  of  office  for  which 
such  justices  and  judges  shall  be  elected,  nor  practice 
law  in  any  of  tlie  courts  in  tlie  State  during  their 
continuance  in  office.  Kan.,  201. 
— The  Justices  of  the  Supreme  Judicial  Court  shall 
hold  no  office  under  the  United  States,  nor  any  State 
nor  any  other  office  under  this  State,  except  that  of 
Justice  of  the  Peace.     Me.,  240. 

— No  person  holding  tlie  office  of  Justice  of  the 
Supreme  Judicial  Court,  or  of  any  inferior  court, 
Attorney-General,  County  Attorney,  Treasurer  of 
the  State,  Adjutant-General,  Judge  of  Probate,  Reg- 
ister of  Probate,  Register  of  Deeds,  Sheriffs  or  their 
deputies,  Clerks  of  the  Judicial  Courts,  shall  be  a 
member  of  the  Legislature ;  and  any  person  holding 
either  of  tlie  foregoing  offices,  elected  to  and  accept- 
ing a  seat  in  the  Congress  of  the  United  States,  shall 
thereby  vacate  said  office ;  and  no  person  shall  be 
capable  of  holding  or  exercising,  at  the  same  time, 
within  this  State,  more  than  one  of  the  offices  before 
mentioned.     J/e.,  247. 

— No  judge  of  any  court  of  this  Commonwealth 
(except  the  Court  of  Sessions),  and  no  person  hold- 
ing any  office  under  the  authority  of  the  United 
States  (Postmasters  excepted),  shall,  at  the  same  time 
hold  the  office  of  Governor,  Lieutenant-Governor  or 
Councillor,  or  have  a  seat  in  the  Senate  or  House  of 
Representatives  of  this  Commonwealth ;  and  no 
judge  of  any  court  in  this  Commonwealth  (except  the 
Court  of  Sessions),  nor  the  Attorney-Generil  [Solic- 
itor-General, County  Attorney],  Clerk  of  any  court, 
Sherifl",  Treasurer  and  Receiver-General,  Register  of 
Probate,  nor  Register  of  Deeds,  shall  continue  to 
hold  his  said  office  after  being  elected  a  member  of 
the  Congress  of  the   United   States,    and   accepting 


127 


that  trust ;  but  the  acceptance  of  such  trust  by  any 
of  the  officers  aforesaid,  shall  be  deemed  and  taken  to 
be  a  resignation  of  his  said  office ;  [and  Judtres  of  the 
Courts  of  Common  Pleas  shall  hold  no  other  office 
under  the  government  of  this  Commonwealth,  the 
office  of  Justice  of  the  Peace  and  militia  officers 
excepted.]     Mass.,  295. 

— They  shall  be  ineligible  to  any  other  than  a  judicial 
office  during  the  term  for  which  they  are  elected,  and 
one  year  thereafter.  All  votes  for  any  person  elected 
such  judge  for  any  office  other  than  judicial,  given 
either  by  the  Legislature  or  the  people,  shall  be  void. 
Mich.,  306. 

— The  Justices  of  the  Supreme  Court  and  the  District 
Courts,  shall  hold  no  office  under  the  United  States, 
nor  any  other  office  under  this  State.  And  all  votes 
for  either  of  them  for  any  elective'  office  under  this 
Constitution,  e.Kcept  a  judicial  office,  given  by  the 
Legislature  or  the  people,  during  their  continuance  in 
office  shall  be  void.  Minn.,  325. 
— No  Judge  of  any  court  of  law  or  equity.  Secretary 
of  State,  Attorney-General,  Clerk  of  any  Court  of 
Record,  Sheriff  or  Collector,  or  any  person  holding  a 
lucrative  office  under  the  United  States  or  this  State, 
shall  be  eligible  to  the  Legislature;  Provided,  That 
officers  in  the  militia,  to  which  there  is  attached  no 
annual  salary,  and  the  office  of  Justice  of  the  Peace 
shall  not  be  deemed  lucrative.  Miss.,  338. 
— The  Justices  of  the  Supreme  Court  and  the  District 
Judges  shall  be  ineligible  to  any  office,  other  than 
a  judicial  office,  during  the  term  for  which  they 
shall  have  been  elected,  and  all  elections  or  appoint- 
ments of  any  such  judges,  by  the  people,  Legislature, 
or  otherwise,  during  said  period,  to  any  office  other 
than  judicial,  shall  be  void.  Nev.,  387. 
— Nor  hold  any  other  office  of  profit  or  trust,  under 
the  authority  of  this  State,  or  the  United  States. 
All  votes  for  either  of  them,  for  any  elective  office, 
except  a  judicial  office,  under  the  authority  of  this 
State,  given  by  the  General  Assembly,  or  the  people, 
shall  be  void.      Ohio,  437. 

— No  Judge  of  any  court  of  law  or  equity,  Secretary 
of  State,  Attorney-General,  Clerk  of  any  court  of 
record,  Sheriff  or  Collector,  or  any  person  holding  a 
lucrative  office  under  the  United  States,  or  this  State, 
or  any  foreign  government,  shall  be  eligible  to  the 
Legislature,  nor  shall  at  the  same  time  hold  or  exer- 
cise any  two  offices,  agencies  or  appointments  of  trust 
or  profit  under  this  State;  Provided,  That  offices  of 
the  militia,  to  which  there  is  attached  no  annual  salary 
the  office  of  Notary  Public  and  the  office  of  Justice 
of  the  Peace  shall  not  be  deemed  lucrative,  and  that 
one  person  may  hold  two  or  more  county  offices,  if 
so  provided  by  the  Legislature.  Tex.,  509. 
— No  judge,  during  his  term  of  service,  shall  hold  any 
other  office,  appointment,  or  public  trust,  and  the 
acceptance  thereof  shall  vacate  his  judicial  office ;  nor 
shall  he,  during  such  term,  or  within  one  year  there- 
after, be  eligible  to  any  political  office.  Va.,  542. 
— No  judge,  during  his  term  of  office,  shall  hold  any 
other  office,  appointment,  or  public  trust,  under  this 
or  any  other  government,  and  the  acceptance  thereof 
shall  vacate  his  judicial  office ;  nor  shall  he,  during 
his  continuance  therein,  be  eligible  to  any  political 
office.      W.  Va.,  553. 

— They  shall  hold  no  office  or  public  trust,  except  a 
judicial  office,  during  the  term  for  which  they  are 
respectively  elected ;  and  all  votes  for  them  for  any 
office  except  a  judicial  office  given  by  the  Legislature 
or  the  people,  shall  be  void.      Wis.,  506. 


QUALIFICATION  OF  JUDGES. 

— No  person  who  shall  have  arrived  at  the  age  of 
seventy  yeai-s  shall  be  appointed  or  elected  to,  or 
shall  continue  in  the  office  of  judge  in  this  State. 
Ah.,  81. 

— The  qualified  voters  of  this  State  shall  elect  the 
Judges  of  the  Supreme  Court ;  the  Judges  of  the 


Supreme  Court  shall  be  at  least  thirty  years  of  age ; 
they  shall  hold  their  offices  during  the  term  of  eight 
years  from  the  date  of  their  commissions,  and  until 
their  successors  are  elected  and  qualified.  Ark.,  91. 
— The  qualified  voters  of  each  judicial  district  shall 
elect  a  Circuit  Judge.  The  Judges  of  the  Circuit 
Court  shall  be  at  least  twenty-five  years  of  age  and 
shall  be  elected  for  the  term  of  four  years  from  the 
date  of  their  commissions,  and  shall  serve  until  their 
successors  are  elected  and  qualified.  Ark.,  01. 
— No  person  shall  be  eligible  to  the  office  of  judge  of 
any  court  of  this  State  who  is  not  a  citizen  of  the 
United  States,  and  who  shall  not  have  resided  in  this 
State  five  years  next  preceding  his  election,  and  who 
shall  not  for  two  years  next  preceding  his  election 
have  resided  in  the  division,  circuit,  or  county,  ia 
which  he  shall  be  elected ;  nor  shall  any  person  be 
elected  Judge  of  the  Supreme  Court  who  shall  be,  at 
the  time  of  his  election,  under  the  age  of  thirty-five 
years ;  and  no  person  shall  be  eligible  to  the  office  of 
Judge  of  the  Circuit  Court  until  he  shall  have  attained 
the  age  of  thirty  years.  Ill,  160. 
— No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  Court  of  Appeals,  who  is  not  a  citizen  of  the 
United  States,  a  resident  of  the  district  for  which  he 
may  be  a  candidate  two  years  next  preceding  his 
election,  at  least  thirty  years  of  age,  and  who  has  not 
been  a  practicing  lawyer  eight  years,  or  whose  ser- 
vice upon  the  bench  of  any  Court  of  record,  when 
added  to  the  time  ho  may  have  practiced  law,  shall 
not  be  equal  to  eight  years.  Ky.,  215. 
— No  person  shall  be  eligible  as  Judge  of  the  Circuit 
Court  who  is  not  a  citizen  of  the  United  States,  a 
resident  of  the  district  for  which  he  may  be  a  candi- 
date two  years  next  preceding  his  election,  at  least 
thirty  years  of  age,  and  who  has  not  been  a  practic- 
ing lawyer  eight  years,  or  whose  service  upon  the 
bench  of  any  court  of  record,  when  added  to  the 
tim.e  he  may  have  practiced  law,  shall  not  be  equal 
to  eight  years.     R'l/.,  216. 

— All  judicial  officers,  except  Justices  of  the  Peace, 
shall  hold  their  offices  during  good  behavior,  but  not 
beyond  the  age  of  seventy  years.  Me.,  240. 
— -The  Judges  of  the  several  Courts,  except  the 
Judges  of  the  Orphans'  Courts,  shall  be  citizens  of 
the  United  States,  and  residents  of  this  State,  not 
less  than  five  years  next  preceding  their  election,  or 
appointment  by  the  Executive  in  case  of  a  vacancy  ; 
and  not  less  than  one  year  next  preceding  their 
election  or  appointment,  residents  in  the  judicial  dis- 
trict or  circuit,  as  the  case  may  be,  for  which  they 
may  be  elected  or  appointed ;  they  shall  not  be  less 
than  thirty  years  of  age  at  the  time  of  their  election 
and  selected  from  those  who  have  been  admitted  to 
practice  law  in  this  State,  and  who  are  most  distin- 
guished for  integrity,  wisdom  and  sound  legal  knowl- 
edge.    Md.,  265. 

—No  person  shall  be  eligible  to  the  office  of  Judge 
of  the  High  Coin-t  of  Errors  and  Appeals,  who  shall 
not  have  attained,  at  the  time  of  his  election,  the  age 
of  thirty  years.     Miss.,  338. 

— No  person  shall  be  eligible  to  the  office  of  Judge 
of  the  Circuit  Court,  who  shall  not  at  the  time  of 
his  election,  have  attained  the  age  of  twenty-six 
years.     Miss.,  339. 

— No  person  shall  be  elected  or  appointed  a  Judge  of 
the  Supreme  Court,  nor  of  a  Circuit  Court,  before  he 
shall  have  attained  to  the  age  of  thirty  years,  and 
have  been  a  citizen  of  the  United  States  five  years, 
and  a  qualified  voter  of  this  State  three  years.  Me., 
359. 

— No  person  shall  hold  the  office  of  judge  of  any 
court,  or  Judge  of  Probate,  or  Sheriff  of  any  county 
after  he  has  attained  the  age  of  seventy  years.  N. 
H.,  408. 

— The  President  Judges  of  the  several  Courts  of  Com- 
mon Pleas,  and  of  such  other  courts  of  record  as  are 
or  shall  be  established  by  law,  and  all  other  judges, 
required  to  be  learned  in  the  law,  shall  hold  their 
offices  for  the  term  of  ten  years,  if  they  shall  so  long 
behave  themselves.     Pa.,  464. 


•128 


— Judges  of  the  Supreme  Court  shall  be  thirty-five 
years  of  age,  and  shall  be  elected  for  the  term  of 
eight  years.     Tenn.,  503. 

— The  judges  of  such  inferior  courts  as  the  Legisla- 
ture may  establish,  shall  be  thirty  years  of  age,  and 
shall  be  elected  for  the  term  of  eight  years.  Tenn.,  503. 
—  They  shall  have  arrived  at  the  age  of  thirty-five 
years  at  the  time  of  election  ;  shall  liold  their  othces  for 
the  teim  of  ten  years,  and  each  of  them  shall  receive 
an  annual  salary  of  at  least  four  thousand  five  hun- 
dred dollars,  which  shall  not  be  increased  or  dimin- 
ished during  his  term  of  office.  Tex.,  510. 
— Judges  must  have  attained  the  age  of  thirty-five 
years,  the  Governor  the  age  of  thirty  years,  and  the 
Attorney-General  and  Senators  the  age  of  twenty- 
five  years,  at  the  beginning  of  their  respective  terms 
of  service,  and  must  have  been  citizens  of  the  State 
for  five  years  ne.xt  preceding,  or  at  the  time  this  Con- 
stitution goes  into  operation.  W.  Va.,  548. 
— No  person  shall  be  eligible  to  the  office  of  judge 
who  shall  not,  at  the  time  of  his  election,  be  a  citizen 
of  tlie  United  Slates,  and  have  attained  the  age  of 
twenty-five  years,  and  be  a  qualified  elector  within 
the  jurisdiction  for  which  he  may  be  cliosen.    Wis.,  56G. 


ATTORNEYS— SUITOES  MAY  SELECT  THEIR 
COUNSEL. 


— And  that  all  attorneys,  solicitors,  and  counsellors 

at  law  hereafter  to  be  appointed,  be  appointed  by  the 

court,  and  licensed  by  the  first  judge  of  the    court 

in  which  they  shall  respectively  plead  or  practice ; 

and  be  regulated  by  the  rules  and  orders  of  the  said 

courts.     X.  y.  (1777),  30. 

— Attorneys  at  law,  all  inferior  officers  of  the  Treasury 

Department,  election  officers,- officers  relating  to  taxes, 

to  the  poor,  and  to  highways,  Constables  and  hundred 

officers,  shall  be  appointed  in  such  manner  as  is  or 

may  be  directed  by  law.     Del.,  125. 

— Every  person   of  good  moral  character,   being  a 

voter,  shall  be  entitled  to  admission  to  practice  law  in 

all  courts  of  justice.     Itid..  177. 

— Any  suitor  in  any  court  of  this  State  .shall  have  the 

right  to  prosecute  or  defend  his  suit,  either  in  his  own 

proper  person,   or  by  an  attorney  or  agent  of  his 

choice.     Mich.,  307 ;    U'(>.,  563. 

— Every  person  being  a  citizen  of  the  United  States 

shall  be  permitted  to  appear  to  and  try  his  own  case 

in  all  the  courts  of  this  State.     Md.,  260. 


PROSECUTING  ATTORNEYS. 


— There  shall  be  one  Solicitor  for  each  circuit,  who 
shall  reside  therein,  to  be  elected  by  the  qualified 
electors  of  the  circuit,  who  shall  his  office  for  the 
term  of  four  years,  and  shall  receive  for  his  services  a 
compensation  to  be  fixed  by  law.  Fl.,  135. 
— There  shall  be  elected  in  each  of  the  Judicial  Circuits 
of  this  State,  by  the  qualified  electors  thereof,  one 
State's  Attorney,  who  shall  hold  his  office  for  the 
term  of  four  years,  and  until  his  successor  shall  be 
commissioned  and  qualified  ;  who  shall  perform  such 
duties  and  receive  such  compensation  as  may  be  pre- 
scribed by  law ;  Provided,  That  the  General  Assembly 
may  hereafter  provide  by  law  for  the  election,  by  the 
qualified  voters  of  each  county  in  this  State,  of  one 
Couitty  Attorney  for  each  county,  in  lieu  of  the 
State's  Attorneys  provided  for  in  this  section ;  the 
term  of  office,  duties,  and  compensation,  of  which 
County  Attorneys  shall  be  regulated  by  law.  III. 
IGl. 


—The  qualified  electors  of  each  judicial  district  shall 
at  the  time  of  election  of  District  Judge,  elect  a  Dis- 
trict Attorney,  who  shall  be  a  resident  of  the  district 
for  which  he  is  elected,  and  sliall  hold  his  office  for 
the  term  of  four  years,  and  until  his  successor  shall 
have  been  elected  and  qualified.  Iowa,  190. 
— The  State's  Attorney  shall  perform  such  duties  and 
receive  such  fees  and  commissions  as  are  now  or  may 
hereafter  be  prescribed  by  law,  and  if  any  State's 
Attorney  shall  receive  any  other  fee  or  reward  than 
such  as  is  or  may  be  allowed  by  law,  he  shall,  on  con- 
viction thereof  be  removed  from  office ;  Provided, 
Tliat  the  State's  Attorney  from  Baltimore  city  shall 
have  power  to  appoint  one  deputy,  at  a  salary  of  not 
more  than  fifteen  hundied  dollars  per  annum,  to  be 
jiaid  by  the  State's  Attorney  out  of  the  fees  of  his 
office,  as  has  heretofore  been  ]iracticed.  Mel.,  271. 
— In  case  of  vacancy  in  tlie  office  of  State's  Attorney, 
or  of  his  removal  from  the  county  or  city  in  which  he 
shall  liave  been  elected,  or  on  his  conviction  as  herein 
specified,  the  said  vacancy  shall  be  filled  by  the 
judge  of  the  county  or  city,  respectively,  having 
criminal  j\irisdiction  in  whicli  said  vacancy  sliall  occur, 
for  the  residue  of  the  term  thus  made  vacant.  Md., 
271. 

— There  shall  be  elected  by  districts  composed  of  one 
or  more  counties,  a  suflicient  number  of  prosecuting 
attorneys,  wlio  shall  be  the  law  officers  of  the  State, 
and  of  the  counties  within  their  respective  districts, 
and  shall  perform  such  duties  pertaining  to  the 
administration  of  law  and  general  police  as  the  Leg- 
islative A.ssembly  may  direct.  Or.,  455. 
— The  Legislature  shall  elect  Attorneys  for  the  State, 
by  joint  vote  of  botli  Ilou.ses  of  the  General  Assem- 
bly, who  shall  liold  their  offices  for  tlio  term  of  six 
years.  In  all  cases  where  an  attorney  for  any  dis- 
trict fails  or  refuses  to  attend  and  prosecute  accord- 
ing to  law,  the  court  shall  have  the  power  to  appoint 
an  attorney  pro  tempore.  Tenn.,  49G. 
— There  shall  be  a  District  Attoi-ney  for  each  judicial 
district  in  the  State,  elected  by  the  qualified  electors 
of  the  district,  who  shall  reside  in  the  district  for 
which  he  shall  be  elected  ;  shall  liold  liis  office  for  four 
years;  and,  together  with  the  perquisites  prescribed 
by  law,  shall  receive  an  annual  salary  of  one  thous- 
and dollars,  which  shall  not  be  increased  or  diminished 
during  his  term  of  office.  Tex.,  511. 
— Tlie  Attorney  for  the  Commonwealtli,  elected  for 
a  county  or  corporation  wherein  a  Circuit  Court  is 
directed  to  be  held,  shall  be  Attorney  for  the  Com- 
monwealth for  that  court ;  but  in  case  a  Circuit 
Court  is  held  for  a  city,  or  for  a  county  and  a  city, 
there  shall  be  an  Attorney  for  the  Commonwealth 
for  such,  to  be  elected  by  the  voters  of  such  city,  or 
county  and  city,  and  to  continue  iu  office  for  the  term 
of  four  years.  The  duties  and  compensation  of  these 
ofl[icers,  and  the  mode  of  removing  them  from  office, 
shall  be  prescribed  by  law.  Va.,  543. 
— State's  Attorneys  shall  be  elected  by  tlie  freemen 
of  their  respective  counties.      Vi.,  529. 


NOTARIES  PUBLIC. 

[Appointed  by  Governor  and  Council]  Me.,  244. 
— Notaries  Public  shall  be  appointed  by  the  Governor, 
in  the  same  manner  as  iudicial  officers  are  appointed, 
and  .shall  nold  their  offices  during  seven  years,  unless 
sooner  removed  by  the  Governor,  with  the  consent 
of  the  Council,  upon  the  address  of  both  Houses  of 
the  Legislature.     Mass.,  294. 

— Tlie  Governor,  by  and  with  the  advice  and  con- 
sent of  two-thirds  of  the  Senate,  shall  appoint  a 
convenient  number  of  Notaries  Public,  not  exceeding 
six  for  each  county;  who,  in  aldition  to  such  duties 
as  are  prescribed  hy  law,  shall  discharge  such  other 
duties  as  the  Legislature  may,  from  time  to  time, 
prescribe.     Tex.,  514. 


129 


1  2  9.  The  classification  of  the  justices  of  the  Supreme  Court,  the  times  and 

2  place  of  holding  the  terms  of  the  Court  of  Appeals,  and  of  the  general 

3  and  special  terms  of  the  Supreme  Court  within  the  several  districts,  and  the 

4  Circuit  Courts  and  Courts  of  Oyer  and  Terminer  within  the  several  counties, 
6  shall  be  provided  for  by  law. 

1  g  10.  The  testimony  in  equity  cases  shall  be  taken  in  like  manner  as  in 

2  cases  at  law. 

1  §  11.  Justices  of  the  Supreme  Court  and  judges  of  the  Court  of  Appeals 

2  may  be  removed  by  concurrent  resolution  of  both  Houses  of  the  Legislature, 

3  if  two-thirds  of  all  the  members  elected  to  the  Assembly,  and  a  majority  of 


REMOVAL  OF  JUDGES. 

—For  any  willful  neglect  of  duty,  or  any  other  rea- 
sonable cause,  whicli  shall  not  be  sufficient  ground  of 
impeachment,  the  Governor  shall  remove  any  judge, 
on  the  address  of  two-thirds  of  each  House  of  the 
General  Assembly:  Provided,  That  the  cause,  or 
causes  for  which  said  removal  may  be  required,  shall 
be  stated  at  length  in  such  address,  and  entered  on 
the  journals  of  each  House.  And  provided  further, 
that  the  Judge  intended  to  be  removed  shall  be  noti- 
fied of  such  cause  or  causes,  and  shall  be  admitted  to 
a  hearing  in  his  own  defense,  before  any  vote  for 
such  address ;  and  in  all  such  cases,  the  vote  shall  be 
taken  by  yeas  and  nays,  and  be  entered  on  tbe  jour- 
nals of  each  House  respectively.  Ala.,  (nearly 
similar)  Tex.,  511. 

— The  Judges  of  the  Supreme  Court  of  Errors  and  of 
the  Superior  Court,  appointed  in  the  year  1855,  and 
thereafter,  shall  hold  their  offices  for  the  terra  of 
eight  years,  but  may  be  removed  by  impeachment, 
and  the  Governor  shall  also  remove  them  on  the 
address  of  two-thirds  of  each  house  of  the  General 
Assembly.  No  Judge  of  the  Supreme  Court  of 
Errors,  or  of  the  Superior  Court,  shall  be  capable 
of  holding  office,  after  he  shall  liave  arrived  at  the 
age  of  seventy  years,  Ct.,  115. 
— The  Judges  of  the  Supreme  Court  and  of  the  Supe- 
rior Court  shall  hold  their  offices  during  good 
behavior,  but  may  be  removed  by  impeachment ;  and 
the  Governor  shall  also  remove  them,  on  the  address 
of  two-thirds  of  the  members  of  each  House  of  the 
General  Assembly  ;  all  other  Judges  and  Justices  of 
the  Peace  shall  be  appointed  annually.  No  Judge  or 
Justice  of  the  Peace  shall  be  capable  of  holding  his 
office  after  he  sliall  have  arrived  at  the  age  of  seventy 
years.      Ct.,  ill. 

— The  Governor  may,  for  any  reasonable  cause,  in 
his  discretion,  remove  any  of  them  on  the  address  of 
two-thirds  of  all  the  members  of  each  branch  of  the 
General  Assembly.  In  all  cases  where  the  Legisla- 
ture shall  so  address  the  Governor,  the  cause  of 
removal  shall  be  entered  on  the  journals  of  each 
House.  The  Judge  against  whom  the  Legislature 
may  be  about  to  proceed,  shall  receive  notice  thereof, 
accompanied  with  the  causes  alleged  for  his  removal, 
at  least  five  days  before  the  day  on  which  either 
House  of  the  General  Assembly  shall  act  thereupon. 
Del,  123. 

— For  any  reasonable  cause,  to  be  entered  on  the 
journals  of  each  House,  which  shall  not  be  sufficient 
ground  for  impeachment,  both  Justices  of  the  Supreme 
Court,  and  Judges  of  the  Circuit  Court,  shall  be 
removed  from  office,  on  the  vote  of  two-thirds  of  the 
members  elected  to  each  branch  of  the  General 
Assembly ;  Provided,  always.  That  no  member  of 
either  House  of  the  General  Assembly  shall  be  eligi- 
33 


ble  to  fill  the  vacancy  occasioned  by  such  removal ; 
Provided,  also.  That  no  removal  shall  be  made  unless 
the  Justice  or  Judge  complained  of  shall  have  been 
served  with  a  copy  of  the  complaint  against  him, 
and  shall  have  an  opportunity  of  being  heard  in  his 
defense.     III.,  IGO. 

— Any  Judge  or  Prosecuting  Attorney  who  shall 
have  been  convicted  of  corruption  or  other  high 
crime,  may,  on  information  in  the  name  of  the  State, 
be  removed  from  office  by  the  Supreme  Court,  or 
in  such  other  manner  as  may  be  prescribed  by  law. 
Ind.,  177. 

— Justices  of  the  Supreme  Court  and  Judges  of  the 
District  Courts  may  be  removed  fi-om  office  by  reso- 
lution of  both  Houses  if  two-thirds  of  the  members 
of  each  House  concur.  But  no  such  removal  shall 
be  made  e.Kcept  upon  complaint,  the  substance  of 
which  shall  be  entered  upon  the  journal,  nor  until  the 
party  charged  shall  have  had  notice  and  opportunity 
to  be  heard.  Kan.,  201  ;  (nearly  similar),  Ohio,  438. 
— That  the  independency  and  uprightness  of  judges 
are  essential  to  the  impartial  administration  of  justice, 
and  a  great  security  to  the  rights  and  liberties  of  the 
people;  wherefore  the  judges  shall  not  be  removed, 
except  for  misbehavior,  on  conviction  in  a  court  of 
law,  or  by  the  Governor,  upon  the  address  of  the 
General  Assembly ;  Provided,  That  two-thirds  of  all 
the  members  of  each  House  concur  in  such  address. 
No  judge  shall  hold  any  other  office,  civil  or  military, 
or  political  trust  or  employment  of  any  kind  whatso- 
ever, under  the  Constitution  or  laws  of  this  State,  or 
of  the  United  States,  or  any  of  them,  or  receive  fees 
or  perquisites  of  any  kind  for  the  discharge  of  his 
official  duties.     Md.,  255. 

— Any  judge  shall  be  removed  from  office  by  the 
Governor  on  conviction  in  a  court  of  law,  of  incom- 
petency, of  willful  neglect  of  duty,  of  misbehavior  in 
office,  or  on  any  other  crime;  or  on  impeachment 
according  to  this  Constitution,  or  the  laws  of  the 
State ;  or  on  the  address  of  the  General  Assembly, 
two-thirds  of  each  House  concurring  in  such  address, 
and  the  accused  having  been  notified  of  the  charges 
against  him,  and  had  opportunity  of  making  his 
defense.     Md.,  2G6. 

— Judges  of  the  County  Court  and  Justices  of  the 
Peace,  Sheriffs,  Coroners,  Surveyors,  Jailors,  County 
Assessor,  Attorney  for  the  County,  and  Constables, 
shall  be  subject  to  indictment  or  presentment  for 
malfeasance  or  misfeasance  in  office,  or  willful  neglect 
in  the  discharge  of  their  official  duties,  in  such  mode 
as  may  be  prescribed  by  law,  subject  to  appeal  to  the 
Court  of  Appeals;  and,  upon  conviction,  their  offices 
shall  become  vacant.     Ky.,  217. 

-  -The  Legislature  of  this  State  may  provide  for  the 
removal  of  inferior  officers  from  office,  for  malfeasance 
or  nonfeasance  in  the  performance  of  their  duties. 
Min.,  329. 


130 


4  all  the  members  elected  to  the  Senate  concur  therein.    All  judicial  officers, 

5  except  those  mentioned  in  this  section,  and  except  justices  of  the  peace,  and 

6  judges  and  justices  of  inferior  courts  not  of  record,  may  be  removed  by  the 

7  Senate  on  the  recommendation  of  the  Governor ;    but  no  removal  shall  be 

8  made  by  virtue  of  this  section,  unless  the  cause  thereof  be  entered  on  the 

9  journals,  nor  unless  the  party  complained  of  shall  have  been  served  with  a 

10  copy  of  the  complaint  against  him,  and  shall  have    had  an  opportunity  of 

11  being  heard  in  his  defense.    On  the  question  of  removal  the  ayes  and  noes 

12  shall  be  entered  on  the  journals. 


— The  judges  of  the  several  courts  of  this  State,  for 
willful  neglect  of  duty  or  other  reasonable  cause,  shall 
be  removed  by  the  Governor  on  the  address  of  two- 
thirds  of  both  Houses  of  the  Legislature;  tlie  address 
to  be  by  joint  vote  of  both  Houses.  Tlie  cause  or 
causes  for  which  such  removal  shall  be  required,  shall 
be  stated  at  length  in  such  address,  and  on  the  jour- 
nals of  each  House.  Tlie  judge  so  intended  to  be 
removed  shall  be  notified  and  admitted  to  a  liearing 
in  his  own  defense  before  any  vote  for  such  address 
shall  pass ;  the  vote  on  sucli  address  shall  be  taken 
by  yeas  and  nays,  and  entered  on  the  journals  of 
each  House.     Miss.,  340. 

— Judges  of  Probate,  Clerks,  Sheriffs  and  other  county 
officers,  for  willful  neglect  of  duty,  or  misdemeanor 
in  office,  shall  be  liable  to  presentment  or  indictment 
by  a  grand  jury,  and  trial  by  a  petit  jury,  and  upon 
conviction  shall  be  removed  from  office.  Miss.,  340. 
— Any  Judge  of  the  Supreme  Court  or  tlie  Circuit 
Court,  may  be  removed  from  office,  on  the  address  of 
two-tliirds  of  each  House  of  the  General  Assembly  to 
the  Governor  for  that  purpose ;  but  each  House  shall 
state,  on  its  respective  journal,  the  cause  for  which  it 
shall  wish  the  removal  of  such  judge,  and  give  him 
notice  thereof;  and  he  shall  have  the  right  to  be 
heard  in  bis  defense,  in  such  manner  as  the  General 
Assembly  shall  by  law  direct;  but  no  judge  shall  be 
removed  in  this  manner  for  any  cause  for  which  he 
might  have  been  impeached.  Mo.,  359. 
— For  any  reasonable  cause  to  be  entered  on  the 
journals  of  each  House,  which  may  or  may  not  be 
sufficient  grounds  for  impeachment,  the  Chief  Justice 
and  Associate  Justices  of  the  Supreme  Court,  and 
Judges  of  the  District  Courts,  shall  be  removed  from 
office  on  the  vote  of  two-thirds  of  the  members 
elected  to  each  branch  of  the  Legislature,  and  the 
justice  or  judge  complained  of  shall  be  served  with  a 
copy  of  the  complaint  against  him.  and  shall  have  an 
opportunity  of  being  heard  in  person  or  by  counsel 
in  his  defense;  Provided,  That  no  member  of  either 
branch  of  the  Legislature  shall  be  eligible  to  fill  the 
vacancy  occasioned  by  such  removal.  Kev.,  388. 
— No  judicial  officer  sliall  be  superseded,  nor  sliall  the 
organization  of  the  several  Courts  of  tlie  Territory  of 
Nevada  be  changed  until  the  election  and  qualifica- 
tion of  the  several  officers  provided  for  in  this  article. 
Nev.,  388. 

— The  Governor,  with  consent  of  the  Council,  may 
remove  judges,  upon  the  address  of  both  Houses  of 
the  Legislature.     N.  K,  408. 

— Any  Judge  of  the  Supreme  Court,  or  of  the  Supe- 
rior Courts,  may  be  removed  from  office  for  mental 
or  physical  inability,  upon  a  concurrent  resolution  of 
two-thirds  of  both  branches  of  the  General  Assembly. 
The  Judge,  against  whom  the  Legislature  may  be 
about  to  proceed,  shall  receive  notice  thereof,  accom- 
panied by  a  copy  of  the  cause  alleged  for  his  removal, 
at  least  twenty  days  before  the  day  on  which  either 
branch  of  the  General  Assembly  shall  act  thereon. 
N.  C,  429. 


— The  salaries  of  the  Judges  of  the  Supreme  Court, 
or  of  the  Superior  Courts,  shall  not  be  diminished 
during  their  continuance  in  office.  N.  C,  429. 
— The  Governor  may  remove  from  office  a  Judge  of 
the  Supreme  Court,  or  prosecuting  attorney,  upon 
the  joint  resolution  of  the  Legislative  Assembly,  in 
which  two-thirds  of  the  members  elected  to  each 
House  shall  concur,  for  incompetency,  corruption, 
malfeasance,  or  delinquency  in  office,  or  oilier  suffi- 
cient cause,  stated  in  such  resolution.  Or.,  495. 
— Judges  and  Attorneys  for  the  State,  may  be 
removed  fi'om  office  by  a  concurrent  vote  of  both 
Hou.ses  of  the  General  Assembly,  each  House  voting 
separately ;  but  two-thirds'  of  all  the  members  elected 
to  each  House  must  concur  in  such  vote ;  the  vote 
shall  be  detnnined  by  ayes  and  noes,  and  the  names 
of  the  members  voting  for  or  against  the  judge  or 
attorney  for  the  State,  together  with  the  cause  or 
causes  of  removal,  shall  be  entered  on  the  journals  of 
each  House  respectively.  The  judge  or  attorney  for 
the  State,  against  whom  the  Legislature  may  be  about 
to  proceed,  shall  receive  notice  thereof,  accompanied 
with  a  copy  of  the  causes  alleged  for  his  removal,  at 
least  ten  days  before  the  day  on  which  either  House 
of  the  General  Assembly  shall  act  thereupon.  Tenn., 
496. 

— For  any  reasonable  cause  which  shall  not  be  suffi- 
cient grounds  of  impeachment,  the  Governor  shall 
remove  any  of  them  on  the  address  of  two-thirds  of 
each  branch  of  the  Legislature.  Pa.,  470. 
— Judges  may  be  removed  from  office  by  a  concur- 
rent vote  of  both  Houses  of  the  General  Assembly, 
but  a  majority  of  all  the  members  elected  to  each 
House  must  concur  in  such  vote ;  and  the  cause  of 
removal  shall  be  entered  on  the  journal  of  each 
House.  The  judge  against  whom  the  General  Assem- 
bly may  be  about  to  proceed,  shall  receive  notice 
thereof,  accompanied  by  a  copy  of  the  causes  alleged 
for  his  removal,  at  least  twenty  days  before  the  day 
on  which  either  House  of  the  General  Assembly 
shall  act  thereupon.      Va..  542. 

■ — Judges  may  be  removed  from  office  for  misconduct, 
incompetence,  or  neglect  of  duty,  or  on  conviction  of 
an  infamous  offense,  by  the  concurrent  vote  of  a 
majority  of  all  the  members  elected  to  each  branch 
of  the  Legislature,  and  the  cause  of  removal  shall  be 
entered  on  the  journals.  The  judge  against  whom 
the  Legislature  may  be  about  to  proceed,  shall  receive 
notice  thereof,  accompanied  by  a  copy  of  the  causes 
alleged  for  his  removal,  at  least  twenty  days  before 
the  day  on  which  either  branch  of  the  Legislature 
shall  act  thereon.  IK  Va.,  553. 
— Any  judge  of  the  Supreme  or  Circuit  Court  may  be 
removed  from  office  by  address  of  both  Houses  of  the 
Legislature,  if  two-thirds  of  all  the  members  elected 
to  each  House  concur  therein,  but  no  removal  shall 
be  made  by  virtue  of  this  section,  unless  the  judge 
complained  of  shall  have  been  served  with  a  copy  of 
the  charges  against  him,  as  the  ground  of  address, 
and  shall  have  had  an  opportunity  of  being  heard  in 


131 


1  S  12.  The  judges  of  the  Court  of  Appeals  shall  be  elected  by  the  electors 

2  of  the  State,  and  the  justices  of  the  Supreme  Court  by  the  electors  of  the 

3  several  judicial  districts,  at  such  times  as  may  be  prescribed  by  law. 

1  g  13.  la  case  the  office  of  any  judge  of  the  Court  of  Appeals,  or  justice 

2  of  the  Supreme  Ooiu*t  shall  become  vacant  before  the  expiration  of  the  regular 

3  term  for  which  he  was  elected,  the  vacancy  may  be  filled  by  appointment  by 

4  the  Governor,  until  it  shall  be  supplied  at  the  next  general  election  of  judges, 

5  when  it  shall  be  filled  by  election  for  the  residue  of  the  unexpired  term. 


I 


his  defense.  On  the  question  of  removal,  the  ayes 
and  noes  shall  be  entered  on  the  journals.  Wis ,  567. 
— Every  person  appointed  a  Justice  of  the  Peace  shall 
hold  his  office  for  four  years,  unless  removed  by  the 
County  Court,  for  causes  particularly  assigned  by 
the  judges  of  tlie  said  conrt.  And  no  Justice  of  the 
Peace  .shall  be  removed,  until  he  shall  have  notice  of 
the  charges  made  against  him,  and  an  opportunity  of 
being  heard  in  his  defense.     Ni  Y.  (1821),  39. 


ELECTION  OR  APPOINTMENT  OF  JUDGES. 

— The  Governor  shall  nominate,  by  message  in  writ- 
ing, and  with  the  consent  of  the  Senate  shall  appoint 
all  judicial  officers,  except  justices  of  the  peace.  N. 
r.  (1821),  39. 

— Judges  of  the  Supreme  Court  and  Chancellors,  shall 
be  elected  by  a  joint  vote  of  both  Houses  of  the 
General  Assemljly ;  Judges  of  the  Circuit  and  Probate 
Courts,  and  of  such  other  inferior  courts  as  may  be 
by  law  established,  shall  be  elected  by  the  qualified 
electors  of  the  respective  counties,  cities,  or  districts, 
for  which  such  courts  may  be  established.  Elections 
of  judges  by  the  people  shall  be  held  on  the  first  Mon- 
day in  May,  or  such  other  day  as  may  be  by  law 
prescribed,  not  within  a  less  period  than  two  months 
of  the  day  fixed  by  law  for  tlie  election  of  Governor, 
members  of  the  General  Assembly,  or  members  of 
Congress.     Ala.,  80. 

— The  Justices  of  the  Supreme  Court  shall  be  elected 
by  the  qualified  electors  of  the  State,  at  special  elec- 
tions, to  be  provided  by  law,  at  which  elections  no 
officer  other  than  judicial  shall  be  elected,  except  a 
Superintendent  of  Public  Instruction.  The  firstelec- 
tion  for  Justices  of  the  Supreme  Court  shall  be  held 
in  the  year  18G3.  The  justices  shall  hold  their  offices 
for  the  term  of  ten  years  from  the  first  day  of  January 
next  after  their  election,  except  those  elected  at  the  first 
election,  who,  at  their  first  meeting  shall  so  classify 
themselves  by  lot,  that  one  justice  shall  go  out  of 
office  every  two  years.  The  justice  having  the  short- 
est term  to  serve  shall  be  chief  justice.  Cat.,  (amend- 
ment of  1802.) 

— The  Judges  of  the  Supreme  Court  of  Errors,  of  the 
Superior  and  Inferior  Courts,  and  all  Justices  of  the 
Peace,  shall  be  appointed  by  the  General  Assembly, 
in  such  manner  as  shall  by  law  be  prescribed.  Ct,  1 1 1. 
— The  Judges  of  Probate  shall  be  appointed  by  the 
electors  residing  in  the  several  probate  districts,  and 
qualified  to  vote  for  representatives  therein,  in  such 
manner  as  shall  be  prescrilied  by  law.  Ct,  115. 
— The  Justices  of  the  Peace  for  the  several  towns  in 
this  State  shall  be  appointed  by  the  electors  in  such 
towns ;  and  the  time  and  the  manner  of  their  elec- 
tion, the  number  for  each  town,  and  the  period  for 
which  they  shall  hold  their  offices,  shall  be  prescu'ibed 
bylaw.     «.,  115. 

— [Judges  appointed  by  Governor].     Dd.,  119. 
— The    Attorney-General,    Registers    in   Chancery, 
Prothonotaries,    Registers,   Clerks    of  the  Orphans' 
Court  and  of  the  Peace,  shall  respectively  be  com- 


missioned for  five  years,  if  so  long  they  shall  behave 
themselves  well ;  but  may  be  removed  by  the  Gov- 
ernor within  that  time  on  conviction  of  misbehavior 
in  office,  or  on  the  address  of  both  Houses  of  the 
Legislature.  Prothonotaries,  Registers  in  Chancery, 
Clerks  of  the  Orphans'  Court,  Registers,  Recorders, 
and  Sheriiffi,  shall  keep  their  offices  in  the  town  or 
place  in  each  each  county  in  which  the  Superior 
Court  is  usually  held.  Del,  125. 
— The  Governor  shall  have  power  to  commission  a 
Judge  ad  litem  to  decide  any  cause  in  which  there  is 
a  legal  exception  to  the  Chancellor  or  any  judge,  so 
that  such  appointment  is  necessary  to  constitute  a 
quorum  in  either  court.  The  commission  in  such 
case  shall  confine  the  office  to  the  cause,  and  it  shall 
expire  on  the  determination  of  the  cause.  The  Judge 
so  appointed  shall  receive  a  reasonable  compensation, 
to  be  fixed  by  the  General  Assembly.  A  Member  of 
Congress,  or  any  person  holding  or  exercising  an 
office  under  the  United  States,  shall  not  be  disquali- 
fied from  being  appointed  a  Judge  ad  litem].  Del., 
122. 

— There  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  an'd  consent  of  the  Senate,  a  Chief 
Justice  and  two  Associate  Justices  of  the  Supreme 
Court  of  this  State,  who  shall  reside  in  this  State,  and 
hold  their  office  for  the  term  of  six  years  from  their 
appointment  and  confirmation,  unless  sooner  removed 
under  the  provisions  of  this  Constitution,  for  the 
removal  of  judges  by  address  or  impeachment ;  and 
for  willful  neglect  of  duty  or  other  reasonable  cause, 
which  shall  not  be  sufficient  ground  for  impeach- 
ment, tlie  Governor  shall  remove  any  of  them  on  the 
address  of  two-thirds  of  the  General  Assembly ; 
Provided,  hoivever,  That  the  cause  or  causes  shall  be 
notified  to  the  judge  so  intended  to  be  removed,  and 
he  shall  be  admitted  to  a  hearing  in  his  own  defense, 
before  any  vote  for  such  removal  shall  j/ass,  and  in 
such  case,  the  vote  shall  be  taken  by  yeas  and  nays, 
and  entered  on  the  journal  of  each  House  respectively, 
and  in  case  of  the  appointment  to  fill  a  vacancy  in 
said  offices,  the  person  so  appointed  shall  only  hold 
office  for  the  unexpired  terra  of  his  predecessor. 
Fl,  134. 

— There  shall  be  elected,  at  the  time  and  places  pre- 
scribed by  law,  by  the  qualified  electors  of  each  of 
the  respective  Judicial  Circuits  of  this  State,  one 
Judge  of  the  Circuit  Court,  who  shall  reside  in  the 
circuit  for  which  he  may  be  elected,  and  the  said 
Circuit  Judges  shall  continue  in  office  for  the  term  of 
six  years  from  the  date  of  their  respective  elections, 
unless  sooner  removed,  under  the  provisions  in  this 
Constitution  -for  the  removal  of  Judges  by  address  or 
impeachment;  and  for  willful  neglect  of  duty,  or  other 
reasonable  cause,  which  shall  not  be  sufficient  for 
impeachment,  the  Governor  shall  remove  any  of 
them  on  the  address  of  two-thirds  of  the  General 
Assembly ;  Provided,  however,  That  the  cause  or 
causes  shall  be  stated  at  length  in  such  address  and 
entered  on  the  journal  of  each  House;  And  pro- 
vided, further,  That  the  cause  or  causes  shall  be  noti- 
fied to  such  judge  so  intended  to  be  removed,  and  he 


132 


shall  be  admitted  to  a  hearing  in  his  own  defense 
before  any  vote  or  votes  for  such  removal  shall  pass ; 
and  in  such  cases  the  vote  shall  be  taken  by  yeas  and 
.  nays,  and  entered  on  the  journals  of  each  House, 
respectively.     FL,  134. 

— The  appointment  of  Chief  Justice  and  Associate 
Justices  of  the  Supreme  Court  shall  be  made  every 
sixth  year  after  their  first  appointment,  and  the  elec- 
tion of  Judges  of  the  Circuit  Court,  and  Judges  or 
Chancellors  of  the  Chancery  Court,  when  established, 
shall  be  held  in  every  sixth  year  after  their  first  elec- 
tion, at  the  same  time  and  places  as  the  elections  for 
members  of  the  General  Assembly.  Ky.,  1 34. 
— The  Judges  of  the  Superior  Courts  shall  be  duly 
elected  on  the  first  Wednesday  in  January,  until  the 
Legislature  shall  otherwise  direct,  immediately  before 
the  expiration  of  the  tcm  for  which  they  or  either  of 
them  may  have  been  appointed  or  elected,  from  the 
circuits  in  which  they  are  to  serve,  by  a  majority  vote 
of  the  people  of  the  circuit  qualified  to  vote  for  mem- 
bers of  the  General  Assembly,  for  the  term  of  four 
years — vacancies  to  be  filled  as  is  provided  by  the 
laws  of  force  prior  to  January  1,  1861 — and  shall 
continue  in  office  until  their  successors  shall  be  elected 
and  qualified;  removable  by  the  Governor  on  the 
address  of  two-thirds  of  each  branch  of  J)ie  General 
Assembly,  or  by  impeachment  and  conviction  thereon. 
Qa.,  148. 

— The  Supreme  Court  shall  consist  of  three  judges, 
■who  shall  be  elected  by  the  General  Assembly,  for 
such  term  of  years — not  less  than  six — as  shall  be 
prescribed  by  law,  and  shall  continue  in  office  until 
tlieir  sucessors  shall  be  elected  and  qualified ;  remov- 
able by  the  Governor  on  the  address  of  two-thirds  of 
each  branch  of  the  General  Assembly,  or  by  impeach- 
ment and  conviction  thereon.     Qa.,  148. 

The  first  election  for  Justices  of  the  Supreme  Court 

and  Judges  of  the  Circuit  Courts  shall  be  held  on  the 
first  Monday  of  September,  1848.     Ill,  100. 

The  second  eleciion  for  one  Justice  of  the  Supreme 

Court  shall  be  held  on  the  first  Monday  of  June,  1852 ; 
and  every  three  years  thereafter  an  election  shall  be 
held  for  one  Justice  of  the  Supreme  Court  111.,  IGO. 
— On  the  first  Monday  of  June,  1855,  and  every  sixth 
year  thereafter,  an  election  shall  be  held  for  Judges 
of  the  Circuit  Courts;  Provided,  whenever  an  addi- 
tional circuit  is  created,  such  provision  may  be  made 
as  to  hold  the  second  election  of  such  additional  judge 
at  the  regular  election  herein  provided.  Ill,  160. 
— All  Judges  and  State's  Attorneys  shall  be  commis- 
sioned by  the  Governor.  Ill,  161. 
— Elections  of  Judges  of  the  Supreme  and  Circuit 
Courts  shall  be  subject  to  be  contested.  //'.,  169. 
—  That  at  the  first  election  fixed  by  this  Constitution 
for  the  election  of  Judges,  there  shall  be  elected  one 
Circuit  Judge  in  each  of  the  nine  judicial  circuits  now 
established  in  this  State.  Ill,  167. 
— The  State  shall  be  divided  into  as  many  districts 
as  there  are  judges  of  the  Supreme  Court ;  and  such 
districts  shall  be  formed  of  contiguous  territory,  as 
nearly  equal  in  population  as,  without  dividing  a 
county,  the  same  can  be  made.  One  of  said  judges 
shall  be  elected  from  each  district,  and  reside  therein ; 
but  said  judges  shall  be  elected  by  the  electors  of  the 
State  at  large.     Ind.,  176. 

The  Judges  of  the  Supreme  Court  shall  be  elected 

by  the  qualified  voters  of  the  State,  and  shall  hold 
their  court  at  such  time  and  place  as  the  General 
Assembly  may  prescribe.  The  Supreme  Judges  so 
elected  shall  be  classified  so  that  one  Judge  shall  go 
out  of  office  every  two  years ;  and  the  Judge  holding 
the  shortest  term  of  office  under  such  classification, 
shall  be  Chief  Justice  of  the  court  during  his  term, 
and  so  on  in  rotation.  After  the  expiration  of  their 
terms  of  office,  under  such  classification,  the  term  of 
each  Judge  of  the  Supreme  Court  shall  be  six  years, 
and  until  his  successor  shall  have  been  elected  and 
quahfied.  The  Judges  of  the  Supreme  Court  shall 
be  ineligible  to  any  other  office  in  the  State,  during 
the  terra  for  which  they  shall  have  been  elected. 
Iowa,  189. 
— The  first  election  for  Judges  of  the  Supreme  Court, 


and  such  county  officers  as  shall  be  elected  at  the, 
August  election,  in  the  year  one  thousand  eight 
hundred  and  fifty-seven,  shall  be  held  on  the  second 
Tuesday  of  October,  in  the  year  one  thousand  eight 
hundred  and  fifty-nine.  Iowa,  195. 
— The  District  Court  shall  consist  of  a  single  judge, 
who  shall  be  elected  by  the  quahfied  voters  of  the 
district  in  which  he  resides.  The  Judge  of  the  Dis- 
trict Court  shall  hold  his  office  for  the  term  of  four 
years,  and  until  liis  successor  shall  have  been  elected 
and  qualified,  and  shall  be  ineligible  to  any  other 
office,  except  that  of  Supreme  Judge,  during  the 
term  (or  which  he  was  elected.  Iowa,  189. 
— The  Judges  of  the  Supremo  and  District  Courts 
shall  be  chosen  at  the  general  election,  and  the  term 
of  office  of  each  judge  shall  commence  on  the  first 
day  of  January  next  after  his  election.  Iowa,  190. 
— The  Chief  Justice  and  two  Associate  Justices  shall 
be  elected  by  the  electors  of  the  State  at  large,  and 
whose  term  of  office,  after  the  first,  shall  be  for  six 
years.  At  the  first  election  a  Chief  Justice  shall  be 
chosen  for  six  years,  one  Associate  Justice  for  four 
years,  and  one  for  two  years.  Kan.,  200. 
— All  the  judicial  officers  provided  for  by  this  article 
shall  be  elected  at  the  first  election  under  this  Con- 
stitution, and  shall  reside  in  their  respective  town- 
ships, counties  or  districts,  during  their  respective 
terms  of  office. 

• — The  first  election  of  the  Judges  and  Clerks  of  the 
Court  of  Appeals  shall  take  jilace  on  the  second  Mon- 
day in  May,  1851,  and  thereafter,  in  each  district  as  a 
vacancy  may  occur,  by  the  expiration  of  the  term  of 
office  ;  and  the  jedges  of  the  said  court  shall  be  com- 
missioned by  the  Governor.  Ky.,  215. 
— The  General  Assembly  sliall  provide  by  law  the 
manner  of  conducting  and  making  due  return  of  all 
elections  of  Judges  of  the  County  Court  and  Justices 
of  the  Peace,  and  for  determining  contested  elections, 
and  provide  the  mode  of  filling  vacancies  in  these 
offices.     Ky.,  217. 

— They  shall  be  commissioned  by  the  Governor.  Ky., 
217. 

— The  first  election  of  Judges  of  the  Circuit  Court 
shall  take  place  on  the  second  Monday  in  May,  1851; 
and  afterwards  on  the  first  Monday  iu  August,  1856, 
and  on  the  first  Monday  in  August  every  sixth  year 
thereafter.     Ky.,  2 1 6. 

— All  persons  qualified  to  vote  for  members  of  the 
General  Assembly,  in  each  district,  shall  have  the 
right  to  vote  forjudges.  Ky.,  216. 
— The  Judges  of  the  Supreme  Court  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  for  a  term  of  eight  years ;  the  judges 
of  the  inferior  courts  for  a  term  of  six  years.  La., 
232. 

[Judges  appointed  by  the  Governor  and  Council.] 
Me.,  244. 

— The  Judges  of  the  Court  of  Appeals  shall  be  elected 
by  the  qualified  voters  of  the  State ;  and  the  Gover- 
nor, by  and  with  the  advice  and  consent  of  the 
Senate,  shall  designate  the  Chief  Justice ;  and  the 
judges  of  the  judicial  circuits  shall  be  elected  by 
the  qualified  voters  of  their  respective  circuits;  each 
Judge  of  the  Court  of  Appeals  and  of  each  judicial 
circuit  shall  hold  his  office  for  the  term  of  fifteen 
years  from  the  time  of  his  election,  or  until  he  shall 
have  attained  the  age  of  seventy  years  whichever 
may  first  happen,  and  be  re-ehgible  thereto  until  he 
shall  have  attained  the  age  of  seventy  years,  and  not 
after.     Md.,  265. 

— All  election  of  judges  and  other  officers,  provided 
for  this  Constitution,  State's  Attorneys  excepted, 
shall  be  certified  and  the  returns  made  by  the  Clerka 
of  the  respective  counties  to  the  Governor,  who  shall 
issue  commissions  to  the  difltrent  persons  for  the 
offices  to  which  thej'  shall  have  been  respectively 
elected  ;  and  in  all  such  elections,  the  person  having 
the  greatest  number  of  votes  shall  be  declared  to  be 
elected.     Md.,  266. 

— If  in  any  case  of  election  for  Judges,  Clerks  of  the 
Courts  of  Law,  and  Registers  of  Wills,  the  opposing 
candidates  shall  have  an  equal  number  of  votes,  it 


133 


shall  be  the  duty  of  the  Governor  to  order  a  new 
election :  and  in  ease  of  any  contested  election  the 
Governor  shall  send  the  return  to  the  House  of  Dele- 
gates, who  shall  judge  of  the  election  and  qualification 
of  the  candidates  at  such  election.  Md.,  266. 
— The  judges  of  the  several  courts  of  this  State, 
except  the  Judges  of  the  Orphans'  Court,  shall  be 
elected  at  the  regular  election,  whether  for  State  or 
County  ofScers,  as  the  case  may  be,  immmediately 
preceding  the  expiration  of  the  term  of  the  incum- 
bent whose  place  is  to  be  filled.  Md.,  277. 
— All  judicial  officers,  the  Attorney-General,  the  Solic- 
itor-General, all  Sheriff's,  Coroners  and  Registers  of 
Probate,  shall  be  nominated  and  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of  the 
Council ;  and  every  such  nomination  shall  be  made 
by  the  Governor,  and  made  at  least  seven  days  prior 
to  such  appointment.  Mass.,  2i<8. 
— Judicial  officers  of  cities  and  villages  shall  be  elected, 
and  all  other  officers  shall  be  elected  or  appointed  at 
such  time  and  in  such  manner  as  the  Legislature  may 
direct.     Mich.,  313. 

— The  first  election  of  Judges  of  the  Circuit  Courts 
shall  be  held  on  the  first  Monday  in  April,  one  thou- 
sand eight  hundred  and  fifty-one,  and  every  sixth 
year  thereafter.  Whenever  an  additional  circuit  is 
created,  provision  shall  be  made  to  hold  the  subse- 
quent election  of  such  additional  judges  at  the  regular 
elections  herein  provided.  Mich.,  306. 
— All  judges  other  than  those  p'-ovided  for  in  this 
Constitution  shall  be  elected  by  the  electors  of  the 
judicial  district,  county,  or  city,  for  which  they  shall 
be  created,  nor  for  a  longer  term  than  seven  years. 
Minn.,  32.5. 

— There  shall  be  elected  in  each  county  where  a 
District  Court  shall  be  held,  one  clerk  of  said  court, 
whose  qualifications,  duties  and  compensation  shall 
be  prescribed  by  law,  and  whose  term  of  office  shall 
be  four  years.     Minn.,  325. 

— The  High  Court  of  Errors  and  Appeals  shall  consist 
of  three  judges,  any  two  of  whom  shall  form  a  quo- 
rum. The  Legislature  shall  divide  the  State  into 
three  districts,  and  the  qualified  electors  of  each  dis- 
trict shall  elect  one  of  said  judges  for  the  term  of  six 
years.     Miss.,  339. 

— The  Secretary  of  State,  on  receiving  all  the  ofEoial 
returns  of  the  first  election,  shall  proceed,  forthwith, 
in  the  presence  and  with  the  assistance  of  two  Jus- 
tices of  the  Peace,  to  determine  by  lot  among  the 
three  candidates  having  the  highest  number  of  votes, 
which  of  said  judges  elect  shall  serve  for  the  term  of 
two  years,  which  shall  serve  for  the  term  of  four 
years,  and  which  shall  serve  for  the  term  of  six  years, 
and  having  so  determined  the  same,  it  shall  be  the 
duty  of  the  Governor  to  issue  commissions  accord- 
ingly.    Miss.,  339. 

— The  Judges  of  the  Circuit  Court  shall  be  elected 
by  the  qualified  electors  of  each  Judicial  District, 
and  hold  their  offices  for  the  term  of  four  years,  and 
reside  in  their  respective  districts.  Miss.,  339. 
— The  Legislature  shall  provide  by  law  for  determin- 
ing contested  elections  of  Judges  of  the  High  Court 
of  Errors  and  Appeals,  of  the  Circuit  and  Probate 
Courts,  and  other  officers.  Miss.,  340. 
— At  the  general  election  in  the  year  one  thousand 
eight  hundred  and  sixty-eight,  all  tlie  Judges  of  the 
Supreme  Court  shall  be  elected  by  the  qualified 
voters  of  the  State,  and  shall  enter  upon  their  office 
on  the  first  Monday  of  January  next  ensuing.  At 
the  first  session  of  the  court  thereafter  the  judges 
shall,  by  lot,  determine  the  duration  of  their  several 
terms  of  office,  which  shall  be  respectively  two,  four, 
and  six  years;  and  shall  certify  the  result  to  the 
Secretary  of  State.  At  the  general  election  every 
two  years  after  said  first  election,  one  judge  of  said 
court  shall  be  elected,  to  hold  office  for  the  period  of 
six  years  from  the  first  Monday  of  January  next 
ensuing.  The  judge  having  at  any  time  the  shortest 
term  to  serve  shall  be  tlie  Presiding  Judge  of  the 
court.     Mo.,  357. 

— The  State  shall  be  divided  into  convenient  circuits, 
of  which  the  county  of  St.  Louis  shall  constitute  one, 
34 


for  each  of  which,  except  as  m  the  next  succeeding 
section  specified,  a  judge  shall  be  elected  by  the  qual- 
ified voters  of  the  respective  circuits,  and  except  as 
hereinafter  provided,  shall  be  elected  for  the  term  of 
six  years;  but  may  continue  in  office  until  his  succes- 
sor shall  be  elected  and  qualified ;  and  the  judge  of 
each  circuit,  after  his  election  or  appointment,  as 
hereinafter  provided,  shall  reside  in,  and  be  a  con- 
servator T)f  the  peace  within  the  circuit  for  which  he 
shall  be  elected  or  appointed ;  and  if  any  vacancy 
shall  happen  in  the  office  of  any  circuit  judge,  by 
death,  resignation,  or  removal  out  of  his  circuit,  or 
by  any  other  disqualification,  the  Governor  shall, 
upon  being  satisfied  that  a  vacancy  exists,  issue  a 
writ  of  election  to  fill  such  vacancy ;  provided  that 
said  vacancy  shall  happen  at  least  six  months  before 
the  next  general  election  for  said  judge;  but  if  such 
vacancy  shall  happen  within  six  months  of  the  gene- 
ral election  aforesaid,  the  Governor  shall  appoint  a 
judge  for  such  circuit ;  but  every  election  or  appoint- 
ment, to  fill  a  vacancy  shall  be  for  the  residue  of  the 
term  only.  And  the  General  Assembly  shall  provide, 
by  law,  for  the  election  of  said  judges  in  their  respect- 
ive circuits;  and  in  case  of  a  tie,  or  contested  election 
between  the  candidates,  the  same  shall  be  determined 
*n  the  manner  to  be  prescribed  by  law.  And  the 
General  Assembly  shall  provide,  by  law  for  the  elec- 
tion of  s.iid  judges,  in  their  respective  circuits  to  fill 
any  vacancy  which  shall  occur  at  any  time  at  least 
six  months  before  a  general  election  for  said  judges. 
At  the  general  election  in  the  year  one  thousand 
eight  hundred  and  sixty-eight,  and  at  the  general 
election  every  sixth  year  thereafter,  except  as  here- 
inafter provided,  all  the  circuit  judges  shall  be  elected, 
and  shall  enter  upon  their  offices  on  the  first  Monday 
of  January  next  ensuing.  No  judicial  circuit  shall 
be  altered  or  changed  at  any  session  of  the  General 
Assembly  ne.xt  preceding  the  general  election  for  said 
judges.     Mo.,  358. 

— From  and  after  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  sixty-six,  the  Circuit  Court 
of  the  county  of  St.  Louis  shall  be  composed  of  three 
judges,  each  of  whom  shall  try  causes  separately,  and 
all,  or  a  majority  of  whom,  shall  constitute  a  court  in 
bank,  to  decide  questions  of  law,  and  to  correct 
errors  occurring  in  trials;  and,  from  and  after  that 
day,  there  shall  not  be  "in  said  county  any  other 
court  of  record  having  civil  jurisdiction,  except  a  Pro- 
bate Court  and  a  County  Court.  The  additional  Judges 
of  the  Circuit  Court  of  the  county  of  St.  Louis, 
authoMzed  by  this  section,  shall  be  appointed  by  the 
Governor,  with  the  advice  and  consent  of  the  Senate, 
and  shall  hold  their  offices  \intil  the  next  general 
election  of  Judges  of  Circuit  Courts,  when  the  whole 
number  of  the  judges  of  said  court  shall  be  elected. 
At  the  first  session  of  said  court  after  the  judges 
thereof  who  may  be  elected  in  the  year  one  thousand 
eight  hundred  and  sixty-eight  shall  have  assumed 
office,  the  said  judges  shall  by  lot  determine  the  dura- 
tion of  their  several  terms  of  office,  which  shall  be 
respectively  two,  four  and  six  years;  and  shall  certify 
the  result  to  the  Secretary  of  State.  At  the  general 
election,  every  two  years,  after  the  election  in  that 
year,  one  judge  of  said  court  shall  be  elected,  to  hold 
office  for  the  term  of  six  years  from  the  first  Monday 
of  January  next  ensuing.  The  General  Assembly 
shall  have  power  to  increase  the  number  of  the 
judges  of  said  court,  from  time  to  time,  as  the  public 
interest  may  require.  Any  additional  judges  author- 
ized shall  hold  office  for  the  ternj  of  six  years,  and 
be  elected  at  a  general  election,  and  enter  upon  their 
office  on  the  first  Monday  of  January  next  ensuing. 
Mo.,  358. 

— The  Supreme  Court  shall  consist  of  a  Chief  Jus- 
tice and  two  Associate  Justices,  any  two  of  whom 
shall  constitute  a  quorum,  and  shall  hold  a  term  of 
the  Supreme  Court  at  the  seat  of  government  of  the 
State,  annually.  Said  Supreme  Judges  shall  be 
elected  by  the  qualified  electors  of  the  State,  at  such 
time  and  in  such  manner  as  may  be  provided  by  law. 
Said  Justices  of  the  Supreme  Court  shall  hold  their 
office  for  the  term  of  six   years  from  the  time  of 


134 


their  election,  and  until  their  successors  shall  have 
been  elected  and  qualified.  Neb.,  375. 
— Probate  Judges,  Justices  of  the  Peace,  and  persons 
holding  inferior  courts,  herein  authorized  to  be  estab- 
lished by  the  Legislature,  shall  be  elected  by  the 
electors  of  the  several  districts  for  which  they  may 
be  elected  in  the  manner  and  time  fixed  by  law. 
Neb.,  375. 

— The  Justices  of  the  Supreme  Court  shall  be  elected 
by  the  qualified  electors  of  the  State,  at  the  general 
election,  and  shall  hold  office  for  the  term  of  six 
years,  from  and  including  the  first  Monday  of  January 
next  succeeding  their  election  ;  Provided,  That  there 
shall  be  elected,  at  the  first  election  under  this  Con- 
stitution, three  Justices  of  the  Supreme  Court,  who 
shall  hold  office  from  and  including  the  first  Monday 
of  December,  A.  D.,  eighteen  hundred  and  sixty-four, 
and  continue  in  office  thereafter  two,  four  and  six 
years  respectively  from  and  including  the  first  Mon- 
day of  January  next  succeeding  their  election.  They 
shall  meet  as  soon  as  practicable  after  their  election 
and  qualification,  and  at  their  first  meeting  shall 
determine  by  lot  the  terra  of  office  each  shall  fill,  and 
the  Justice  drawing  the  shortest  term  shall  be  Chief 
Justice,  after  which  the  senior  Justice  in  commission 
shall  be  Chief  Justice.  And  in  case  the  commission 
of  any  two  or  more  of  said  Justices  shall  bear  the 
same  date,  they  shall  determine  by  lot  who  shall  be 
Chief  Justice.     Neb.,  386. 

— At  the  first  general  election  under  this  Constitution 
there  shall  be  elected,  in  each  of  the  respective  dis- 
tricts (except  as  in  the  section  hereinafter  otlierwise 
provided),  one  District  Judge,  who  shall  hold  office 
from  and  including  the  first  ilonday  of  December, 
A.  D.,  eighteen  hundred  and  sixty-four,  and  until  the 
first  Monday  of  January,  A.  D.,  eighteen  hundred 
and  sixty-seven ;  after  the  said  first  election,  there 
shall  be  elected  at  the  general  election  wliich  imme- 
diately precedes  the  e.Kpiration  of  the  term  of  his 
predecessor,  one  District  Judge  in  each  of  the  respec- 
tive judicial  districts  (except  in  the  first  district  as  in 
the  section  hereinafter  provided.)  The  District 
Judges  shall  be  elected  by  the  qualified  electors  of 
their  respective  districts,  and  shall  hold  office  for  the 
term  of  four  years  (excepting  those  elected  at  said 
first  election),  from  and  including  the  first  Monday  of 
January  next  succeeding  their  election  and  qualifica- 
tion: Provided,  That  the  first  judidial  district  shall  be 
entitled  to,  and  shall  have,  three  District  Judges,  who 
shall  possess  co-extensive  and  concurrent  jurisdic- 
tion, and  who  shall  be  elected  at  the  same  times,  in 
the  same  manner,  and  shall  hold  office  for  the  like 
terms  as  herein  prescribed  in  relation  to  the  judges  in 
other  judicial  districts.  Any  one  of  said  judges  may 
preside  on  the  impanneling  of  grand  juries,  and  the 
presentment  and  trial  and  indictments  under  such 
rules  and  regulations  as  may  be  prescribed  by  law. 
Nev.,  386. 

— All  Judicial  officers,  the  Attorney-G-eneral,  Solicit- 
ors, all  Sheriffs,  Coroners,  Registers  of  Probate,  and 
all  officers  of  the  navy,  and  general  and  field  officers 
of  the  militia,  shall  be  nominated  and  appointed  by 
the  Governor  and  Council ;  and  every  such  nomina- 
tion shall  be  made  at  least  three  days  prior  to  such 
appointment,  and  no  appointment  shall  take  place 
unless  a  majority  of  the  Council  agree  thereto.  N. 
R,  405. 

— Justices  of  the  Supreme  Court,  Chancellor,  and 
Judges  of  the  Court  of  Errors  and  Appeals  shall  be 
nominated  by  the  Governor,  and  appointed  by  him, 
■with  the  advice  and  consent  of  the  Senate.  N.  J., 
419. 

— Judges  of  the  Courts  of  Common  Pleas  shall  be 
appointed  by  the  Senate  and  General  Assembly  in 
joint  meeting.     N.  J.,  419. 

— There  shall  be  no  more  than  five  Judges  of  the 
Inferior  Court  of  Common  Pleas,  in  each  of  the 
counties  in  this  State  after  the  terms  of  the  judges 
of  said  court  now  in  office  shall  terminate.  One 
judge  for  each  county  shall  be  appointed  every  year, 
and  no  more,  except  to  fill  vacancies,  which  shall  be 
for  the  unexpired  term  only.     N.  J.,  418. 


— The  first  election  for  Judges  of  the  Supreme  Court, 
Courts  of  Common  Pleas,  and  Probate  Courts,  and 
the  Clerks  of  the  Courts  of  Common  Pleas,  shall  be 
held  on  the  second  Tuesday  of  October,  one  thou- 
sand eight  hundred  and  fifty-one,  and  the  official 
term  of  said  judges  and  clerks,  so  elected,  shall  com- 
mence on  the  second  Monday  of  February,  one  thou- 
sand eight  hundred  and  fifty-two.  Judges  and  Clerks 
of  the  Courts  of  Common  Pleas  and  Supreme 
Court,  in  office  on  the  first  day  of  September,  one 
thousand  eight  hundred  and  fifty-one,  shall  continue 
in  office  with  their  present  power  and  duties,  until 
the  second  Monday  of  February,  one  thousand  eight 
hundred  and  fitty-two.  No  suit  or  proceeding,  pend- 
ing in  any  of  the  Courts  of  this  State,  sliall  be  affected 
by  the  adoption  of  this  Constitution.  Ohio,  444. 
— All  judges,  other  than  those  provided  for  in  this 
Constitution,  shall  be  elected  by  the  electors  of  the 
judicial  district  for  which  they  may  be  created,  but 
not  for  a  longer  term  of  office  than  five  years.  Ohio, 
437. 

— The  General  Assembly  may  increase  or  diminish 
the  number  of  the  Judges  of  the  Supreme  Court,  the 
number  of  the  districts  of  the  Court  of  Common  Pleas, 
the  number  of  judges  in  any  district,  change  the  dis- 
tricts, or  the  subdivisions  thereof,  or  establish  other 
courts,  whenever  two-thirds  of  ihe  members  elected 
to  each  House  shall  concur  therein;  but  no  such 
change,  addition,  or  diminution,  shall  vacate  the  office 
of  any  judge,     Ohio,  438, 

— When  the  white  population  of  the  State  shall 
amount  to  two  hundred  thousand,  the  Legislative 
Assembly  may  provide  for  the  election  of  Supreme 
and  Circuit  Judges  in  distinct  classes,  one  of  which 
classes  shall  consist  of  tliree  Justices  of  the  Supreme 
Court,  who  shall  not  perform  circuit  duty ;  and  the 
other  class  shall  consist  of  the  necessary  number  of 
Circuit  Judges,  who  shall  hold  full  terms  without 
allotment,  and  who  shall  take  the  same  oath  as 
the  Supreme  Judges.     Or.,  454, 

— The  Judges  of  the  Supreme  Court  of  the  several 
Courts  of  Common  Pleas,  and  of  such  other  courts 
of  record  as  are  or  shall  be  established  by  law,  shall 
be  elected  by  the  qualified  electors  of  the  Common- 
wealth in  the  manner  following,  to  wit :  The  Judges 
of  the  Supreme  Court,  by  the  qualified  electors  of 
Commonwealth  at  large.  The  President  Judges  of 
the  several  Courts  of  Common  Pleas  and  of  such 
other  courts  of  record  as  are  or  shall  be  established 
by  law,  and  all  other  judges  required  to  be  learned 
in  the  law,  by  the  qualified  electors  of  the  respective 
districts  over  which  they  are  to  preside  or  act  as 
judges.  And  the  Associate  Judges  of  the  Courts  of 
Common  Pleas  by  the  qualified  electors  of  the  coun- 
ties respectively.  The  Judges  of  the  Supreme  Court 
shall  hold  their  offices  for  the  term  of  fifteen  years,  if 
they  shall  so  long  behave  themselves  well,  subject  to 
the  allotment  hereinafter  provided  for,  subsequent 
to  the  first  election.  The  President  Judges  of  the 
several  Courts  of  Common  Pleas,  and  of  such  other 
courts  of  record  as  are  or  shall  be  established  by  law, 
and  all  otiier  judges  required  to  be  learned  in  the 
law,  shall  hold  their  offices  for  the  term  of  ten  years, 
if  they  shall  so  long  behave  themselves  well.  The 
Associate  Judges  of  the  Courts  of  Common  Pleas 
shall  hold  their  offices  for  the  term  of  five  years,  if  they 
shall  so  long  behave  themselves  well :  all  of  whom 
shall  be  commissioned  by  the  Governor,  but  for  any 
reasonable  cause,  which  shall  not  be  sufficient  grounds 
of  impeachment,  the  Governor  shall  remove  any  of 
them  on  the  address  of  two-thirds  of  each  branch 
of  the  Legislature.  The  first  election  shall  take  place 
at  the  general  election  of  this  Commonwealth  next 
after  the  adoption  of  this  amendment,  and  the  com- 
missions of  all  the  judges  who  may  be  then  in  office 
shall  expire  on  the  first  Monday  of  December  follow- 
ing, when  the  terms  of  the  new  judges  shall  com- 
mence. The  persons  who  shall  then  be  elected  Judges 
of  the  Supreme  Court  shall  hold  their  offices  as  follows  : 
one  of  them  for  three  years,  one  for  six  years,  one 
for  nine  year.s,  one  for  twelve  years,  and  one  for  fif- 
teen years,  the  term  of  each  to  be  decided  by  lot  by 


135 


the  said  judges,  as  soon  after  the  election  as  conve- 
nient, and  the  result  certified  by  them  to  the  Gover- 
nor, that  the  commissions  may  be  issued  iu  accordance 
thereto.  The  judge  whose  commission  will  first 
expire  shall  be  Chief  Justice,  during  his  term,  and 
thereafter  each  judge  whose  commission  shall  first 
expire  shall  in  turn  be  the  Chief  Justice,  and  if  two 
or  more  commissions  shall  expire  on  the  same  day, 
the  judges  holding  them  shall  decide  by  lot  which 
shall  be  the  Chief  Justice.  Any  vacancies  happening 
by  death,  resignation,  or  otherwise,  in  any  of  the  said 
courts,  shall  be  filled  by  appointment  by  the  Gover- 
nor, to  continue  till  the  first  Monday  of  December 
succeeding  the  next  general  election.  The  Judges 
of  the  Supreme  Court  and  the  Presidents  of  the 
several  Courts  of  Common  Pleas  shall  at  stated  times, 
receive  for  their  service  an  adequate  compensation, 
to  be  fixed  by  law,  which  shall  not  be  diminished 
during  their  continuance  in  office,  but  they  shall 
receive  no  fees  or  perquisites  of  office,  nor  hold  any 
other  office  of  profit  under  this  Commonwealth,  or 
under  the  government  of  the  United  States,  or  any 
other  State  of  this  Union.  The  Judges  of  the 
Supreme  Court  during  their  continuance  in  office 
shall  reside  within  this  Commonwealth,  and  the  other 
judges  during  their  continuance  in  office  shall  reside 
within  the  district  or  county  for  which  they  were 
respectively  elected.  Pa.,  470. 
— The  Judges  of  the  Supreme  Court  shall  be  elected 
by  tlie  two  Houses  in  grand  committee.  Bach  judge 
shall  hold  his  office  until  his  place  be  declared  vacant 
by  a-  resolution  of  the  General  Assembly  to  that 
effect ;  which  resolution  shall  be  voted  for  by  a 
majority  of  all  the  members  elected  to  the  House  in 
which  it  may  originate,  and  be  concurred  in  by  the  same 
majority  of  the  other  House.  Such  resolution  shall 
not  be  entertained  at  any  other  than  the  annual 
session  for  the  election  of  public  officers ;  and  in 
default  of  the  passage  thereof  at  said  session,  the 
judge  shall  hold  his  place  as  is  herein  provided.  But 
a  judge  of  any  court  shall  be  removed  from  office,  if 
upon  impeachment,  he  shall  be  found  guilty  of  any 
official  misdemeanor.  R.  Z,  479. 
— The  Judges  of  the  Superior  Courts  shall  be  elected 
by  the  General  Assembly,  shall  hold  their  offices 
during  good  behavior,  and  shall  at  stated  times, 
receive  a  compensation  for  their  services,  which  shall 
neither  be  increased  nor  diminished  during  their  con- 
tinuance in  office ;  but  they  shall  receive  no  fees  or 
perquisites  of  office,  nor  hold  any  other  office  of 
profit  or  trust  under  this  State,  the  United  States  of 
America,  or  any  of  them,  or  any  other  power.  The 
General  Assembly  shall,  as  soon  as  possible,  establish 
for  each  district  in  the  State  an  inferior  court  or 
courts,  to  be  styled  the  "  District  Court,"  the  judge 
whereof  shall  be  resident  iu  the  district  while  in 
office,  shall  be  elected  by  the  G-jneral  Assembly  for 
four  years  and  shall  be  re-eligible,  which  court  shall 
have  jurisdiction  of  all  civil  causes  wherein  one  or 
both  of  the  parties  are  persons  of  color,  and  of  all 
criminal  cases  wherein  the  accused  is  a  person  of 
color ;  and  the  General  Assembly  is  empowered  to 
extend  the  jurisdiction  of  the  said  court  to  other  sub- 
jects.    S.  C,  486. 

-  -The  Judges  of  the  Supreme  Court  shall  be  elected 
by  the  quahfied  voters  of  the  State  at  large,  and  the 
judges  of  such  infei  ior  courts  as  the  Legislature  may 
establish  shall  be  elected  by  the  qualified  voters 
residing  within  the  bounds  of  any  district  or  circuit 
to  which  such  inferior  judge  or  judges,  either  of  law 
or  equity,  may  be  assigned,  by  ballot,  in  the  same 
manner  tliat  members  of  the  General  Assembly  are 
elected.     Tenn.,  (amendment). 

— The  General  Assembly  shall,  by  joint  vote  of  both 
Houses,  appoint  judges  of  several  courts  in  law  and 
■equity ;  but  courts  may  be  estabUshed  to  be  holden 
by  Justices  of  the  Peace.  Tenn.,  496. 
— The  Legislature  shall  appoint  a  day  for  holding  the 
election  of  Judges  and  Attorneys-General,  separate 
and  apart  from  the  days  already  prescribed,  or  here- 
after to  be  prescribed  by  the  Legislature  for  holding 
the  elections  for  State  and  county  officers.  Tenn.,  503. 


— For  each  section  a  judge  shall  be  chosen  in  the 
manner  hereinbefore  provided,  who  shall  hold  his 
office  for  the  term  of  twelve  years  unless  sooner 
removed  in  the  manner  prescribed  by  this  Constitu- 
tion. He  shall,  at  the  time  of  his  being  chosen  be  at 
least  thirty  years  of  age,  and  shall  have  resided  in  the 
State  one  year  next  preceding  his  election,  and  during 
his  continuance  in  office  he  shall  reside  in  the  section 
for  which  he  is  chosen.  Va.,  542. 
— Judges  shall  be  commissioned  by  the  Governor. 
Va.,  542. 

— For  each  circuit  a  judge  shall  be  elected  by  the 
voters  thereof,  who  shall  hold  his  office  for  the  term  of 
six  years.  During  his  continuance  in  office  he  shall  re- 
side in  the  circuit  of  which  he  is  judge.  W.  Va.,  553. 
— The  Supreme  Court  of  Appeals  shall  consist  of  three 
judges,  any  two  of  whom  shall  be  a  quorum.  They 
shall  be  elected  by  the  voters  of  the  State,  and  shall 
hold  their  offices  for  the  term  of  twelve  years;  except 
that  of  those  first  elected,  one,  to  be  designated  by 
lot  in  such  manner  as  they  may  determine,  shall  hold 
his  office  for  four  years ;  another,  to  be  designated  in 
like  manner,  for  eight  years,  and  the  third,  for  twelve 
years;  so  that  one  shall  be  elected  every  four  years 
after  the  first  election.  W.  Va.,  553. 
— For  each  circuit  there  shall  be  a  judge  chosen  by 
the  qualified  electors  therein,  who  shall  hold  his  office 
as  is  provided  in  this  Constitution,  and  until  his  suc- 
cessor shall  be  chosen  and  qualified;  and  after  he 
shall  have  been  elected,  he  shall  reside  in  the  circuit 
for  which  he  was  elected.  One  of  said  judges  shall 
be  designated  as  Chief  Justice,  in  such  manner  as  the 
Legislature  shall  provide.  And  the  Legislature  shall, 
at  its  first  session,  provide  by  law,  as  well  for 
the  election  of,  as  for  classifying  the  Judges  of  the 
Circuit  Court,  to  be  elected  under  this  Constitution, 
in  such  manner  that  one  of  said  judges  shall  go  out  of 
office  in  two  years,  one  in  three  years,  one  in  four 
years,  one  in  five  years,  and  one  in  six  years,  and 
thereafter  the  judge  elected  to  fill  the  office  shall  hold 
the  same  for  six  years.     Wis.,  566. 


VACANCIES  IN  OFFICE  OF  JUDGES. 

— Vacancies  in  the  office  of  Circuit  Judge,  Probate 

Judge,  or  Judge  of  any  other  inferior  court  established 
by  law,  shall  be  filled  by  the  Governor ;  and  the  per- 
son appointed  by  him  shall  hold  office  until  the  next 
election  day  by  law  appointed  for  the  election  of 
judges,  and  until  his  successor  shall  have  been  elected 
and  qualified.     Ala.,  80. 

— That  should  a  vacancy  occur  either  in  the  Chancery 
or  Circuit  Courts,  by  death,  removal,  resignation  or 
otherwise,  it  shall  be  the  duty  of  the  Governor  to 
issue  a  writ  of  election  to  fill  such  vacancy,  and  he 
shall  give  at  least  sixty  days'  notice  thereof  by  pro- 
clamation :  and  the  Judge  so  elected  to  fill  said 
vacancy,  shall  continue  in  office  from  the  time  he 
qualifies  under  his  commission,  until  the  expiration 
of  the  term  of  his  predecessor:  Provided,  however, 
That  should  it  become  necessary  to  fill  any  such 
vacancy  before  an  election  can  be  held  under  the 
provisions  of  this  Constitution,  the  Governor  shall 
have  power  to  fill  such  vacancy  by  appoint- 
ment, and  the  person  so  appointed  shall  hold  his 
office  from  the  date  of  his  commission  until  his  suc- 
cessor shall  be  duly  elected  and  qualified.  J^l.,  135. 
— The  office  of  one  of  said  judges  shall  be  vacated, 
after  the  first  election  held  under  this  article,  in  three 
years;  of  one,  in  six  years;  and  of  one  in  nine  years; 
to  be  decided  by  lot,  so  that  one  of  said  judges  shall 
be  elected  once  in  every  three  years.  The  judge 
having  the  longest  term  to  serve  shall  be  the  first 
Chief  Justice ;  after  which,  the  judge  having  the 
oldest  commission  shall  be  Chief  Justice.  Ill,  160. 
— All  vacancies  in  the  Supreme  and  Circuit  Courts 
shall  be  filled  by  election  as  aforesaid ;  Provided,  how- 
ever,  That  if  the  unexpired  term  does  not  exceed  one 
year,  such  vacancy  may  be  filled  by  executive  appoint- 
ment.    IU.,  160. 


136 


— In  case  of  vacancy  in  any  judicial  office,  it  shall  be 
filled  by  appointment  of  the  Governor  until  the  next 
regular  election  that  shall  occur  more  than  thirty 
days  after  such  vacancy  shall  have  happened.  Kan., 
201. 

— County  and  district  officers  shall  vacate  their 
offices  by  removal  from  the  district  or  county  in 
which  they  shall  be  appointed.  Ky.,  217. 
— It  a  vacancy  shall  occur  in  the  office  of  Judge  of 
the  Circuit  Court,  the  Governor  shall  issue  a  writ  of 
election  to  fill  such  vacancy,  for  the  residue  of  the 
terra :  Provided,  That  if  the  unexpired  term  be  less 
tlian  one  year,  the  Governor  shall  appoint  a  judge  to 
fill  such  vacancy.     A"^.,  216. 

— In  case  of  the  death,  resignation,  removal  or  other 
disqualification  of  a  judge  of  any  court  of  this  State, 
except  of  the  Orphans'  Courts,  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  shall 
thereupon  appoint  a  person  duly  qualified  to  fill  said 
office  until  the  next  general  election  thereafter, 
whether  for  members  of  General  Assembly  or  county 
officers,  whichever  sliall  first  occur,  at  which  time  an 
election  shall  be  held  as  herein  prescribed  for  a  judge, 
who  shall  hold  said  office  for  the  term  of  fifteen  years, 
and  until  the  election  and  qualification  of  liis  succes- 
sor.    Md.,  266. 

— In  case  of  the  death,  resignation,  removal  or  other 
disquiilification  of  a  judge  of  an  Orphans'  Court,  the 
Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  a  person  duly  qualified  to  fill 
said  office  for  the  residue  of  the  term  thus  made 
vacant.    J/rf.,  270. 

— When  a  vacancy  occurs  in  the  office  of  Judge  of 
the  Supreme  Circuit  or  Probate  Court,  it  shall  be 
filled  by  appointment  of  the  Governor,  which  shall 
continue  until  a  successor  is  elected  and  qualified. 
When  elected,  such  successor  shall  hold  his  office  the 
residue  of  the  unexpired  terra.  Mich.,  306. 
— Whenever  a  judge  shall  remove  beyond  the  limits 
of  the  jurisdiction  for  which  he  was  elected,  or  a  Jus- 
tice of  the  Peace  from  the  township  in  which  he  was 
elected,  or  by  a  change  in  the  boundaries  of  such 
township  shall  be  placed  without  the  same,  they  shall 
be  deemed  to  have  vacated  their  respective  offices. 
Mick,  307. 

— In  case  the  office  of  any  judge  shall  become  vacant 
before  the  expiration  of  the  regular  term  for  which 
he  was  elected,  the  vacancy  shall  be  filled  by  appoint- 
ment by  the  Governor,  until  a  successor  is  elected 
and  quaUfied.  And  such  successor  shall  be  elected  at 
the  first  annual  election  that  occurs  more  than  thirty 
days  after  the  vacancy  shall  have  happened.  Min., 
325. 

— The  provisions  contained  in  this  article,  requiring 
an  election  to  be  held  to  fill  a  vacancy  in  the  office  of 
Judges  of  the  Supreme  and  Circuit  Courts,  shall  have 
relation  to  vacancies  occurring  after  the  year  one 
thousand  eight  hundred  and  sixty-eight,  up  to  which 
time  any  such  vacancy  shall  be  filed  by  appointment 
by  the  Governor.     Mo.,  359. 

— If  a  vacancy  shall  happen  in  the  office  of  any  Judge 
of  the  Supreme  Court,  by  death,  resignation,  removal 


out  of  the  State,  or  other  disqualification,  the  Gov- 
ernor shall  appoint  a  suitable  person  to  fill  the 
vacancy,  until  the  next  general  election  occurring 
more  than  three  months  after  the  happening  of  such 
vacancy,  when  the  same  shall  be  filled  by  election,  by 
the  qualified  voters  of  the  State,  for  the  residue  of 
the  term.     Mo.,  357. 

— If  there  be  a  vacancy  in  the  office  of  judge  of  any 
circuit,  or  if  he  be  sick,  absent,  or  from  any  cause 
unable  to  hold  any  term  of  court  of  any  county  of 
his  circuit,  such  terra  of  court  may  be  held  by  a  judge 
of  any  other  circuit,  and  at  the  request  of  the  judge 
of  any  circuit,  any  term  of  court  in  his  circuit  may 
be  held  by  the  judge  of  any  other  circuit.  Mo.,  359. 
— In  case  the  office  of  any  Justice  of  the  Supreme 
Court;  District  Judge,  or  other  State  officer  shall 
become  vacant  before  the  expiration  of  the  regular 
term,  for  which  he  was  elected,  the  vacancy  may  be 
filled  by  appointment  by  the  Governor  until  it  shall 
be  filled  by  election  for  the  residue  of  the  unexpired 
term.     JVey.,  395. 

— In  case  the  office  of  any  judge  shall  become  vacant 
before  the  expiration  of  the  regular  terra  for  which 
he  was  elected,  the  vacancy  shall  be  filled  by  appoint- 
ment by  the  Governor,  until  a  suoces.sor  is  elected  and 
qualified ;  and  such  successor  shall  be  elected  for  the 
unexpired  term,  at  the  first  annual  election  that 
occurs  more  than  thirty  days  after  the  vacancy  shall 
have  happened.     Ohio,  437. 

— Every  vacancy  in  the  office  of  Judge  of  the  Supreme 
Court  shall  be  filled  by  election  for  the  remainder  of 
the  vacant  term,  unless  it  would  expire  at  the  ne.xt 
election;  and  until  so  filled,  or  when  it  would  so 
expire,  the  Governor  .shall  fill  the  vacancy  by  appoint- 
ment.    Or.,  454. 

— In  case  of  vacancy  by  death,  resignation,  removal 
from  the  State  or  from  office,  refusal  or  inability  to 
serve,  of  any  Judge  of  the  Supreme  Court  tlie  office 
may  be  filled  by  the  grand  committee,  until  the  next 
annual  election,  and  the  judge  then  elected  shall  hold 
his  office  as  before  provided.  In  oases  of  impeach- 
ment, or  temporary  absence  or  inability,  the  Gover- 
nor may  appoint  a  person  to  discharge  the  duties  of 
the  office  during  the  vacancy  caused  thereby.  M.  I., 
479. 

— In  case  of  a  vacancy  in  the  offices  of  Justi(.'e  of  the 
Supreme  Court,  Judges  of  the  District  Court,  Attor- 
ney General,  and  District  Attorneys,  the  Governor  of 
the  State  shall  have  power  to  fill  the  same  by  appoint- 
ment, which  shall  continue  in  force  until  the  office 
can  be  filled  at  the  next  general  election  for  State  or 
county  officers,  and  the  successor  duly  qualified. 
Tex.,  511. 

— When  a  vacancy  shall  happen  in  tho  office  of  .ludge 
of  the  Supreme  or  Circuit  Courts,  such  vacancy  shall 
be  filled  by  an  appointment  of  the  Governor,  which 
shall  continue  until  a  successor  is  elected  and  quali- 
fied ;  and  when  elected,  such  successor  shall  hold  his 
office  the  residue  of  the  unexpired  terra.  Tliero  shall 
be  no  election  for  a  judge  or  judges  at  any  general 
election  for  State  or  county  officers,  nor  within  thirty 
days  either  before  or  after  such  election.      Wis.,  566. 


137 


1  S  14.  There  shall  be  elected  in  each  of  the  counties  of  this  State,  except 

2  the  city  and  county  of  New  York,  one  County  Judge,  who  shall  hold  his 

3  oflSce  for  four  years.    He  shall  hold  the  County  Court,  and  perform  the  duties 

4  of  the  office  of  Surrogate.    The  County  Court  shall  have  such  jurisdiction  in 

5  cases  arising  in  Justices'  Courts,  and  in  special  cases,  as  the  Legislature  may 

6  prescribe  ;  but  shall  have  no  original  civil  jurisdiction,  except  in  such  special 

7  cases.    The  County  Judge,  with  two  justices  of  the  peace  to  be  designated 

8  according  to  law,  may  hold  courts  of  sessions,  with  such  criminal  jurisdiction 

9  as  the  Legislature  shall  prescribe,  and  perform  such  other  duties  as  may  be 
10  required  by  law.    The  County  Judge  shall  receive  an  annual  salary,  to  be 


COUNTY  COURTS. 

— There  shall  be  in  each  of  the  organized  counties  of 
the  State,  a  County  Court,  for  each  of  which  a 
County  Judge  shall  be  elected  by  the  qualified  elec- 
tors of  the  county,  at  the  special  judicial  elections  to 
be  held  as  provided  tor  the  election  of  Justices  of  the 
Supreme  Coui-t,  by  section  three  of  this  article.  Col., 
(as  amended  in  1802.) 

— The  Legislature  may  also  provide  for  the  appoint- 
ment by  the  several  district  courts,  of  one  or  more 
commissioners  in  the  several  counties  of  their  respec- 
tive districts,  with  authority  to  perform  chamber 
business  of  the  Judges  of  the  District  Courts  and 
County  Courts,  and  also  to  take  depositions,  and  to 
perform  sucli  other  business  connected  with  the 
administration  of  justice  as  may  be  prescribed  by 
law.  Cat,  (as  amended  in  18(32.) 
— The  Court  of  General  Sessions  of  tlie  Peace  and 
Jail  Delivery  shall  be  composed  in  each  county  of 
the  same  ju'lges  and  in  the  same  manner  as  the 
Superior  Court.  Two  shall  constitute  a  quorum. 
One  may  open  and  adjourn  the  Court.  This  court 
shall  have  all  the  jurisdiction  and  powers  vested  by 
the  laws  of  this  State  in  the  Court  of  General  Quar- 
ter Sessions  of  the  Peace  and  Jail  Delivery.  Del., 
121. 

— The  Prothonotary  of  the  Superior  Court  may  issue 
process,  take  recognizances  of  bail  and  enter  judgments, 
according  to  law  and  the  practices  of  the  court.  No 
judgment  in  one  county  shall  bind  lands  or  tenements 
in  another,  imtil  a  iestalnm  fieri  facias  being  issued, 
shall  be  entered  of  record  in  the  office  of  the  Protho- 
notary of  the  county  wherein  the  lands  or  tenements 
are  situated.     Del.,  124. 

— The  Registers  of^  the  several  counties  sliall  respect- 
ively hold  the  Registers'  Courts  in  each  coimty. 
Upon  the  litigation  of  a  cause,  the  depositions  of  the 
witnesses  examined  shall  be  taken  at  large  in  writing, 
and  make  part  of  the  proceedings  in  the  cause.  This 
court  may  issue  process  throughout  the  State,  to 
compel  the  attendance  of  witnesses.  Appeals  may 
be  made  from  the  Registers'  Court  to  the  Superior 
Court,  whose  decision  shall  be  final.  In  cases  where 
a  Register  is  interested  in  questions  concerning  the 
probate  of  wilKs,  the  granting  letters  of  administration, 
or  executors,  administrators,  or  guardians'  accounts, 
the  cognizance  thereof  shall  belong  to  the  Orphan's 
Court,  with  an  appeal  to  the  Superior  Court,  whose 
decision  shall  be  final.  Del.,  124. 
— There  shall  be  in  each  county  a  court  to  be  called 
a  Connty  Court.     III..  lUI. 

— One  County  Judge  shall  be  elected  by  the  qualified 
voters  of  each  county,  who  shall  hold  his  olfice  for 
lour  vears,  and  until  liis  successor  is  elected  and 
qualified.      III.,  IGl. 

-  -The  jurisdiction  of  said  court  shall  extend  to  all 
35 


probate  and  such  other  jurisdiction  as  the  General 
Assembly  may  confer  in  civil  cases,  and  such  criminal 
cases  as  may  be  prescribed  by  law,  where  the  punish- 
ment is  by  fine  only,  not  exceeding  one  hundred 
dollars.     Ill,  IGl. 

— The  County  Judge,  with  such  Justices  of  the  Peace 
in  each  county  as  may  be  designated  by  law,  shall 
hold  terms  lor  the  transaction  of  county  business,  and 
shall  perform  such  other  duties  as  the  General  Assem- 
bly shall  proscribe ;  Provided,  the  General  Assembly 
may  require  that  two  Justices,  to  be  chosen  by  the 
qualified  electors  of  each  county,  shall  sit  with  the 
Coimty  Judge  in  all  cases;  and  there  shall  be  elected, 
quadrennially,  in  each  county,  a  Clerk  of  the  County 
Court,  who  shall  be  ex  officio  Recorder,  whose  com- 
pensation shall  be  fees ;  Provided,  the  General 
Assembly  may,  by  law,  make  the  Clerk  of  the  Circuit 
Court  ex  officio  Recorder,  in  lieu  of  the  County  Clerk. 
Ill,  161. 

— The  General  Assembly  shall  provide  for  the  com- 
pensation of  the  County  Judge.  ///.,  ICl. 
— A  County  Court  shall  be  established  in  each  county 
now  existing,  or  which  may  hereafter  be  erected 
within  this  Commonwealth,  to  consist  of  a  Presiding 
Judge  and  two  Associate  Judges,  any  two  of  whom 
shall  constitute  a  court  for  the  transaction  of  business ; 
Provided,  The  General  Assembly  may  at  any  time 
abolish  the  office  of  the  Associate  Judges,  whenever 
it  shall  be  deemed  expedient ;  in  which  event  they 
may  associate  with  said  court,  any  or  all  of  the 
Justices  of  the  Peace  for  the  transaction  of  business. 
Ky..  21G. 

— The  Judges  of  the  County  Court  shall  be  elected  by 
the  qualified  voters  in  each  county,  for  the  terra  of 
four  years,  and  shall  continue  in  office  until  their 
successors  be  duly  qualified,  and  shall  receive  such 
compensation  for  their  services  as  may  be  provided 
by  law.     Ky.,  21G. 

— No  person  sliall  be  eligible  to  the  office  of  presid- 
ing or  associate  Judge  of  the  County  Court,  unless  he 
be  a  citizen  of  the  United  States,  over  twenty-one 
years  of  age,  and  shall  have  been  a  resident  of  the 
county  in  which  he  shall  be  chosen,  one  year  next 
precetting  the  election.  Ky.,  217. 
— The  jurisdiction  of  the  County  Court  shall  be  regu- 
lated by  law ;  and,  until  changed,  shall  be  the  same 
now  vested  in  the  County  Courts  of  this  State.  Ky., 
217. 

— The  Legislature  may  provide  by  law  for  the  elec- 
tion of  one  or  more  persons  in  each  organized  county, 
who  maybe  vested  with  judicial  powers,  not  exceed- 
ing those  of  a  Judge  of  the  Circuit  Court  at  chambers. 
Mick,  30G. 

— The  Legislature  may  provide  for  the  election  of 
one  person  in  each  organized  county  in  this  State,  to 
be  called  a  Court  Commissioner,  with  judicial  power 
and  jurisdiction  not  exceeding  the  power  and  juris- 


138 


11  fixed  by  the  Board  of  Supervisors,  which  shall  be  neither  increased  or  dimiu- 

12  ished  during  his  continuance  in  office.    The  Justices  of  the  Peace,  for  services 

13  in  Courts  of  Sessions,  shall  be  paid  a  per  diem  allowance  out  of  the  county 

14  treasury.    In  counties  having  a  population  exceeding  forty  thousand,  the  Leg- 

15  islature  may  provide  for  the  election  of  a  separate  officer  to  perform  the 

16  duties  of  the  oflice  of  Surrogate.     The  Legislature  may  confer  equity  juris- 

17  diction  in  special  cases  upon  the  County  Judge.     Inferior  local  courts,  of  civil 

18  and  criminal  jurisdiction,  may  be  established  by  the  Legislature  in  cities ;  and 

19  such  courts,  except  for  the  cities  of  New  York  and  Buffalo,  shall  have  an 

20  uniform  organization  and  jurisdiction  in  such  cities. 


diction  of  a  Judge  of  the  District  Court  at  chambers  ; 
or  the  Legislature  may,  instead  of  such  election,  con- 
fer such  powers  and  jurisdiction  upon  Judges  of  Pro- 
bate in  the  State.     Minn.,  325. 

— Inferior  tribunals,  to  be  known  as  County  Courts, 
shall  be  established  in  each  county  for  the  transaction 
of  all  county  business.  In  such  courts,  or  in  such  other 
tribunals  inferior  to  the  Circuit  Courts,  as  the  General 
Assembly  may  establish,  shall  be  vested  the  jurisdic- 
tion of  all  matters  appertaining  to  probate  business, 
to  granting  letters  testamentary  and  of  administration, 
to  settling  the  accounts  of  executors,  administrators 
and  guardian.s,  and  to  the  appoiutment  of  guardians, 
and  s\ich  other  jurisdiction  as  mav  be  conferred  by 
law.     Jifo.,  359. 

— Judges  of  the  County  Courts,  and  recorders  of 
cities,  shall  hold  their  offices  for  five  years,  but  may 
be  removed  by  the  Senate,  on  the  recommendation 
of  the  Governor,  for  causes  to  be  stated  in  such 
recommendation.  N.  Y.  (1821),  41. 
— The  commissions  for  the  appointments  of  judges  of 
said  court  [Inferior  Court  of  Common  Pleas]  shall 
bear  date  and  take  effect  on  the  first  day  of  April 
ne.xt ;  and  all  subsequent  commissions  for  judges  of 
said  court,  shall  bear  date  and  take  effect  on  the 
first  day  of  April  in  every  successive  year,  except 
commissions  to  fill  vacancies,  which  shall  bear  date 
and  take  effect  when  issued.  N.  J.,  418. 
— The  said  Courts  of  Common  Plea.s,  shall  be  the 
successors  of  the  present  Courts  of  Common  Pleas  m 
the  several  counties,  except  as  to  probate  jurisdiction  ; 
and  all  suits,  prosecutions,  proceedings,  records,  and 
judgments  pending  or  being  in  said  last-mentioned 
courts,  except  as  aforesaid,  shall  be  transferred  to  the 
Courts  of  Common  Pleas  created  by  this  Constitu- 
tion, and  proceeded  in  as  though  the  same  had  been 
therein  instituted.     Ohin,  445. 

— There  shall  be  elected  in  each  county,  for  the  terra 
of  four  years,  a  County  Judge,  who  shall  hold  the 
County  Court  at  times  to  be  regulated  by  law.  Or., 
454. 

— The  County  Court  shall  have  the  jurisdiction  per- 
taining to  Probate  Courts  and  Boards  of  County 
Commissioners,  and  such  other  powers  and  duties 
and  such  civil  jurisdiction  not  exceeding  the  amount 
or  value  of  five  hundred  dollars,  and  such  criminal 
jurisdiction  not  extending  to  death  or  imprisonment 
in  the  penitentiary,  as  may  be  prescribed  by  law. 
But  the  Legislative  Assembly  may  provide  for  the 
election  of  two  commissioners  to  sit  with  the  County 
Judge  whilst  transacting  county  business  in  any  or 
all  the  counties,  or  may  provide  a  separate  board  for 
transacting  such  business.  Or.,  455. 
— The  County  Judge  may  grant  preliminary  injunc- 
tions, and  such  other  writs  as  the  Legislative  Assem- 
bly may  authorize  him  to  grant,  returnable  to  the 
Circuit  Court,  or  otherwise,  as  may  be  provided  by 


law;  and  may  hear  and  decide  questions  arising  upon 
habeas  corpiui,  provided  such  decisions  be  not  against 
the  authority  or  proceedings  of  a  court,  or  judge  of 
equal  or  higher  jurisdiction.  Or.,  455. 
— The  counties  having  less  than  ten  thousand  white 
inhabitants  shall  be  reimbursed,  wholly  or  in  part,  for 
the  salary  and  expenses  of  the  County  Court,  by 
fees,  per  centage,  and  other  equitable  taxation  of  the 
business  done  in  said  court  and  in  the  office  of  the 
County  Clerk.     Or..  455. 

— The  Judges  of  the  Couvt  of  Common  Pleas  of 
each  county,  any  two  of  whom  shall  be  a  quorum, 
shall  compose  the  Court  of  Quarter  Sessions  of  the 
Peace,  and  Orphans'  Court  thereof;  and  the  Register 
of  Wills,  together  with  the  said  judges,  or  any  two 
of  them,  shall  compose  the  Register's  Court  of  each 
county.     Pa.,  465. 

—The  Judges  of  the  Court  of  Common  Pleas,  in 
each  county,  shall,  by  virtue  of  their  offices,  be  Jus- 
tices of  Oyer  and  Terminer  and  General  Jail  Deliv- 
ery, for  the  trial  of  capital  and  other  offenders  therein ; 
any  two  of  said  judges,  the  president  being  one, 
shall  be  a  quorum  :  but  they  shall  not  hold  a  Court 
of  Oyer  and  Terminer,  or  Jail  Delivery,  in  any 
county,  when  the  Judges  of  the  Supreme  Court,  or 
any  of  them  shall  be  sitting  in  the  same  county. 
The  party  accused,  as  well  as  the  Commonwealth, 
may,  under  such  regulations  as  shall  be  prescribed  by 
law,  remove  the  indictment  and  proceedings,  or  a 
transcript  thereof,  into  the  Supreme-Court.  Pa.,  465. 
— The  Superior  Court  shall  sit  in  each  county  not 
less  than  twice  in  every  year,  at  such  stated  times  as 
have  been  or  may  be  appointed  by  tlie  General 
Assembly,  and  the  Inferior  and  County  Court  at 
such  times  as  the  General  Assembly  may  direct.  Oa., 
149. 

— Courts  of  justice  shall  be  maintained  in  every 
county  in  this  State,  and  also  in  new  counties  when 
formed,  which  courts  shall  be  open  for  the  trial  of  all 
causes  proper  for  their  cognizance,  and  justice  shall 
be  therein  impartially  administered  without  cor- 
ruption or  unnecessary  delay.  The  Judges  of  the 
Supreme  Court  shall  be  Justices  of  the  Peace  through- 
out the  State,  and  the  several  Judges  of  the  County 
Courts  in  their  respective  counties,  by  virtue  of  their 
office,  except  in  the  trial  of  such  ca.ses  as  may  be 
appealed  to  the  County  Court.  Vt.,  523. 
— The  Assistant  Judges  of  the  County  Court  shall  be 
elected  by  the  freemen  of  their  respective  counties. 
Vt,  529. 

—  There  shall  be  established  in  each  county 
in  the  State,  an  inferior  tribunal  styled  the 
County  Court ;  and  there  shall  be  elected  by  the  per- 
sons in  each  county,  who  are  qualified  to  vote  for 
members  of  the  Legislature,  a  Judge  of  the  County 
Court,  who  shall  be  a  conservator  of  the  peace, 
who  shall  hold  his  office  for  four  years,  and  who  shall 


139 


1  g  15.  The  Legislature  may,  on  application  of  the  Board  of  Supervisors 

2  jjrovide  for  the  election  of  local  officers,  not  to  exceed  two  in  any  county,  to 

3  discharge  the  duties  of  County  Judge  and  of  Surrogate,  in  cases  of  their 

4  inability  or  of  a  vacancy,  and  to  exercise  such  other  powers  in  special  cases  as 


5  may  be  provided  by  law. 

receive  such  compensation  as  may  be  prescribed  by 
law,  and  who  may  be  removed  from  office  for  neglect 
of  duty,  incompetency,  or  malfeasance,  in  such  man- 
ner as  may  be  prescribed  by  law.  Tex.,  511. 
— The  County  Court  shall  have  jurisdiction  of  all 
misdemeanors  and  petty  offenses,  as  the  same  are 
now,  or  may  hereafter  be  defined  by  law ;  of  such 
civil  cases  where  the  matter  in  controversy  shall  not 
exceed  five  hundred  dollars,  exclusive  of  interest, 
under  such  regulations,  limitations,  and  restrictions 
as  may  be  prescribed  by  law,  without  regard  to  any 
distinction  between  law  <ind  equity ;  to  probate  wills, 
to  appoint  guardians  of  minors,  idiots,  lunatics,  and 
persons  »o)i  compos  menth;  to  grant  letters  testament- 
ary and  of  administration ;  to  settle  the  accounts  of 
executors,  anministrators  and  guardians;  to  transact 
all  business  appertaining  to  tlie  estates  of  deceased 
persons,  minors,  idiots,  lunatics,  and  persons  tion  com- 
pos mentis,  including  the  settlement,  partition  and  dis- 
tribution of  such  estates;  and  to  apprentice  minors 
under  such  regulations  as  may  be  prescribed  by  law. 
One  term  of  the  County  Court  shall  be  held  in  each 
county  at  least  once  in  every  two  months,  and  the 
Legislature  may  provide  for  the  appointment  of  a 
County  Attorney  to  represent  the  State  and  county 
in  said  court,  whose  term  of  office,  duties  and  com- 
pensation shall  be  such  as  may  be  prescribed  by  law. 
Tex.,  511. 

—The  Legislature  may  provide  for  the  appointment 
of  one  or  more  persons  in  each  organized  county, 
and  may  vest  in  such  persons  such  judicial  powers  as 
shall  be  prescribed  by  law :  Provided,  That  said 
power  shall  not  exceed  that  of  a  Judge  of  the  Cir- 
cuit Court  at  chambers.  Wis.,  5G7. 
— There  shall  be  in  each  county  of  the  Common- 
wealth a  County  Court,  which  shall  be  held  monthly, 
by  not  less  than  three  nor  more  than  five  justices, 
except  when  the  law  shall  require  the  presence  of  a 
greater  number.      Va.,  543. 

— The  jurisdiction  of  the  said  courts  shall  be  the  same 
as  that  of  the  existing  County  Courts,  except  so  far 
as  it  is  modified  by  this  Constitution,  or  maybe 
changed  by  law.    Va.,  543. 


PROBATE  COURTS. 

— The  General  Assembly  .shall  have  power  to  estab- 
lish, in  each  county  within  this  State,  a  Court  of 
Probate,  for  the  granting  of  letters  testamentary,  and 
of  administration,  and  for  orphans'  business.  Ala.,  80. 
— The  qualified  voters  of  each  county  shall  elect  a 
County  and  Pi'obate  Judge,  who  shall  hold  his  office 
for  two  years,  and  until  his  successor  is  elected  and 
qualified.  He  shall,  in  addition  to  the  duties  that 
may  be  required  of  him  by  law,  as  a  presiding  Judge, 
of  the  County  Court,  be  a  Judge  of  the  Court  of 
Probate,  and  liave  such  jurisdiction  in  matters  relat- 
ing to  the  estates  of  deceased  persons,  executors, 
administrators  and  guardians,  as  may  be  prescribed 
by  law,  until  otherwise  directed  by  the  General 
Assemljly.     Ark..  91. 

— The  County  Judges  shall  also  hold  in  their  several 
Counties  Probate  Courts,  and  perform  such  other 
duties  as  Probate  Judge,  as  may  be  prescribed  by 
law.  In  the  city  and  county  of  San  Francisco,  the 
Legislature  may  separate  the  office  of  Probate  Judge 


from  that  of  County  Judge,  and  may  provide  for  the 
election  of  a  Probate  Judge,  who  shall  hold  his  office 
for  the  term  of  four  years.  Cat.,  (amendment  of 
1862.) 

— The  Judges  of  Probate  shall  be  appointed  by  the 
electors  residing  in  the  several  probate  districts,  and 
qualified  to  vote  for  representatives  fnerein,  in  such 
manner  as  shall  be  prescribed  by  law.  Ct,  115. 
— The  Orphans'  Court  in  each  county  shall  be  held 
by  the  Cliancellor  and  the  Associate  Judge  residing 
in  the  county  ;  the  Cliancellor  being  present.  Either 
of  them,  in  the  absence  of  the  other,  may  hold  the 
court.  When  they  concur  in  opinion,  there  shall  be 
no  appeal  from  their  decision  except  in  matter  of  real 
estate.  When  their  opinions  are  opposed,  or  when  a 
decision  is  made  by  one  of  them,  and  in  all  matters 
involving  a  right  to  real  estate,  or  the  appraised  value 
or  other  value  thereof,  there  shall  be  an  appeal  to  the 
Superior  Court  of  the  county,  which  shall  have  final 
jurisdiction  in  every  such  case.  This  court  shall  have 
all  the  jusisdiciion  and  powers  vested  by  the  laws  of 
this  State  in  the  Orphans'  Court.  Del,  122. 
— An  executor,  administrator,  or  guardian  shall  file 
every  account  with  the  Register  for  the  county,  who 
shall,  as  soon  as  conveniently  may  be,  carefully  exam- 
ine the  particulars  with  the  proofs  thereof,  in  the 
presence  of  such  executor,  administrator  or  guardian 
and  shall  adjust  and  settle  the  same,  according  to  the 
very  right  of  the  matter  and  the  law  of  the  land  • 
which  account  so  settled  shall  remain  in  his  office  for 
inspection ;  and  the  executor,  administrator,  or  guar- 
dian shall,  within  three  months  after  such  settlement 
give  due  notice  in  writing  to  all  persons  entitled  to 
shares  of  the  estate,  or  to  their  guardians  respectively, 
if  residing  within  the  State,  that  the  account  is  lodged 
in  the  said  office  for  inspection.  Exceptions  may  be 
made  by  persons  concerned,  to  both  sides  of  every 
such  account,  either  denying  the  justice  of  the  allow- 
ances made  to  the  accountant,  or  alleging  further 
charges  against  him;  and  the  exceptions  shall  be 
heard  in  the  Orphans'  Court  for  the  county ;  and 
thereupon  the  account  shall  be  adjusted  and  settled 
according  to  the  right  of  the  matter  and  the  law  of 
the  land.     Del,  124. 

— There  shall  be  elected  in  each  county  of  this  State, 
by  the  qualified  voters,  an  officer  to  be  styled  the 
Judge  of  Probate,  to  take  probate  of  wills  to  grant 
letters  testamentary,  of  administration  and  guardian- 
ship, to  attend  to  the  settlement  of  the  estates  of 
decedents  and  minors,  and  to  discharge  the  duties 
usually  appertaining  to  courts  of  ordinary,  and  such 
other  duties  as  may  be  required  by  law ;  subject  to 
the  direction  and  supervision  of  the  Circuit  Courts,  as 
may  be  provided  by  law.  Fl,  134. 
—The  powers  of  a  Court  of  Ordinary  and  of  Probate 
sh.dl  be  vested  in  an  Ordinary  for  each  county,  from 
whose  decisions  there  may  bo  an  appeal  to  the 
Superior  Court,  under  regulations  prescribed  by  law. 
The  Ordinary  shall  be  ex  officio  clerk  of  said  court,  and 
may  appoint  a  deputy  clerk.  The  Ordinary,  as  clerk 
or  his  deputy,  may  issue  citations,  and  grant  tempo- 
rary letters  of  administration,  to  hold  until  permanent 
letters  are  granted;  and  said  Ordinary,  as  clerk,  or 
his  deputy,  may  grant  marriage  licenses.  The  Ordi- 
naries, in  and  for  the  respective  counties,  shall  be 
elected,  as  other  county  officers  are,  on  the  first  Wed- 
nesday in  January,  18G8,  and  every  fourth  year 
tliereafter,  and  shall  be  commissioned  by  the  Gov- 
ernor for  the  term  of  four  years.     In  case  of  any 


\ 


140 


vacancy  of  said  office  of  Ordinary,  from  any  cause, 
tlie  same  shall  be  filled  by  election,  as  is  provided  in 
relation  to  other  county  officers,  and  until  the  same 
is  filled,  the  Clerk  of  the  Superior  Court,  for  the  time 
being,  shall  act  as  Clerk  of  said  Court  of  Ordinary. 
Ga.,  149. 

[County  Courts  possess  probate  jurisdiction.]  Ill, 
161;  Mo.,  359;   Or.,  454. 

— There  shall  be  a  Probate  Court  in  each  county, 
which  shall  be  a  Court  of  Record,  and  have  such  pro- 
bate jurisdiction  and  care  of  estates  of  deceased 
persons,  minors,  and  persons  of  unsound  minds,  as 
may  be  prescribed  by  law,  and  shall  have  jurisdiction 
in  cases  of  habeas  coi-ptis.  This  court  shall  eonsist  of 
one  judge,  who  shall  be  elected  by  the  qualified  voters 
of  the  county,  and  hold  his  office  two  years.  He 
shall  be  his  own  clerk,  and  shall  hold  court  at  such 
times  and  receive  for  compensation  such  fees  as  may 
be  prescribed  by  law.     Kan.,  201. 

[Registers  of  Probate  appointed  by  the  Governor 
and  Council.]    Me.,  244. 

The  Orphan's  Courts  shall  have  all  the  powers  now 

vested  by  law  in  the  Orphan's  Courts  of  this  State, 
subject  to  such  changes  as  the  General  Assembly 
may  prescribe,  and  shall  have  such  other  jurisdiction 
as  may  from  time  to  time  be  provided  by  law.  Md., 
270. 

— The  General  Assembly  shall  provide  a  simple  and 
uniform  system  of  charges  in  the  offices  of  Clerks  of 
Courts  and  Registers  of  Wills,  in  the  counties  of  this 
State  and  the  city  of  Baltimore,  and  for  the  collection 
thereof;  provided  the  amount  of  compensation  to  any 
of  said  officers  shall  not  exceed  the  sum  of  twenty- 
five  hundred  dollars  a  year,  over  and  above  office 
expenses,  and  compensation  to  assistants;  and  pro- 
vided further,  that  such  compensation  of  Clerks, 
Registers,  assistants  and  office  expenses,  shall  always 
be  paid  out  of  the  fees  or  receipts  of  the  offices 
respectively.     Md.,  264. 

— There  sliall  be  a  Register  of  Wills  in  each  county 
of  the  State  and  in  the  city  of  Baltimore,  to  be  elected 
by  the  legal  and  qualified  voters  of  said  counties  and 
city  respectively,  who  shall  hold  his  office  for  six 
years  from  the  time  of  his  election,  and  until  his  suc- 
cessor is  elected  and  qualified;  he  shall  be  re-eligible 
and  subject  at  all  times  to  removal  for  willful  neglect 
of  duty  or  misdemeanor  in  office  in  the  same  manner 
that  clerks  of  courts  arc  removable.  In  the  event  of 
any  vacancy  in  the  office  of  Register  of  Wills,  said 
vacancy  shall  be  filled  by  the  Judges  of  the  Orphan's 
Court  in  which  such  vacancy  occurs,  until  the  next 
general  election  for  county  officers,  when  a  register 
shall  be  elected  to  serve  for  six  years  thereafter.  Md., 
270. 

— The  Judges  of  Probate  of  wills,  and  for  granting 
letters  of  administration,  shall  hold  their  courts  at 
such  place  or  places,  on  fixed  days,  as  the  convenience 
of  the  people  shall  require;  and  tlie  Legislature  shall, 
from  time  to  time,  hereafter,  appoint  such  times  and 
places ;  until  which  appointments  the  said  courts  shall 
be  holden  at  the  times  and  places  which  the  respective 
judges  shall  direct.     Mass.,  209. 

— In  each  of  the  counties  organized  for  judicial  pur- 
poses, there  shall  be  a  Court  of  Probate.  The  judge 
of  such  court  shall  be  elected  by  the  electors  of  the 
county  in  which  he  resides,  and  shall  hold  his  office 
for  four  years,  and  until  his  successor  is  elected  and 
qualified.  The  jurisdiction,  powers,  and  duties  of 
such  court,  shall  be  prescribed  by  law.  Mich.,  306. 
■ — The  Supreme  Court,  the  Circuit  and  Probate 
Courts  of  each  county,  shall  be  courts  of  record,  and 
shall  each  have  a  common  seal.     Mich.,  306. 

The  first  election  of  Judges  of  the  Probate  Courts 
shall  be  held  on  the  Tuesday  succeeding  the  first 
Monday  of  November,  one  thousand  eight  hundred 
and  fifty-two,  and  every  fourth  year  thereafter. 
Mich.,  306. 

— There  shall  be  established  in  each  organized  county 
in  the  State  a  Probate  Court,  which  shall  be  a  Court 
of  record,  and  be  held  at  such  times  and  places  as 
may  be  prescribed  by  law.  It  shall  be  held  by  one 
judge,  who  shall  be   elected  by  the  voters   of  the 


county,  for  the  term  of  two  years.  He  shall  be  a 
resident  of  such  county  at  the  time  of  his  election, 
and  reside  therein  during  his  continuance  in  office, 
and  his  compensation  shall  be  provided  by  law.  He 
may  appoint  his  own  clerk,  where  none  has  been 
elected,  but  the  Legislature  may  authorize  the  elec- 
tion by  the  electors  of  any  covmt)',  of  one  Clerk  or 
Register  of  Probate  for  such  county,  whose  powers, 
duties,  term  of  ofiice  and  compensation  shall  be  pre- 
scribed by  law.  A  Probate  Court  shall  have  juris- 
diction over  the  estates  of  deceased  persons,  and 
persons  under  guardianship,  but  no  other  jurisdiction, 
except  as  prescribed  by  this  Constitution.  Minn.,  325. 
— A  Court  of  Probate  shall  be  established  in  each 
county  of  this  State,  with  jurisdiction  in  all  matters 
testamentary  and  of  administration  in  minors'  busi- 
ness and  the  allotment  of  dower  in  cases  of  idiotcy 
and  lunacy,  and  of  persons  nun  comj>ns  mentis.  The 
judge  of  said  court  shall  be  elected  by  the  qualified 
electors  of  the  respective  counties  for  the  term  of  two 
years.     Miss.,  339. 

—  The  jurisdiction  of  the  several  courts  herein  pro- 
vided for,  both  appellate  and  original  shall  be  as  fixed 
by  law ;  Prodded,  That  Probate  Co\irts,  Justices  of 
the  Peace  or  any  inferior  court  that  may  be  estab- 
lished by  the  Legislature  shall  not  have  jurisdiction 
in  any  matter  wherein  the  title  or  boundaries  of  land 
may  be  in  dispute.  Nor  shall  either  of  the  courts 
mentioned  in  this  proviso  have  power  to  order  or 
decree  the  sale  or  partition  of  real  estate.  Neh.,  375. 
— Probate  Judges,  Justices  of  tlie  Peace,  and  persons 
holding  inferior  courts,  herein  authorized  to  be  estab- 
lished by  the  Legislature,  shall  be  elected  fiy  the 
electors  of  the  several  districts  for  which  they  may 
be  elected  in  the  manner  and  time  fixed  by  law. 
NtK  375. 

— All  cases,  both  civil  and  criminal,  whi«h  may  be 
pending  and  undetermined  in  the  Probate  Courts  of 
the  several  counties  at  the  time  when,  under  the 
provisions  of  this  Constitution,  said  Probate  Courts 
are  to  be  abolished,  shall  be  transferred  to  and  deter- 
mined by  the  District  Courts  of  such  counties  respect- 
ively.    XeiK,  395. 

— All  matters  relating  to  the  probate  of  wills  and 
granting  letters  of  administration  shall  be  exer- 
cised by  the  Judges  of  Probate,  in  such  manner  as 
the  Legislature  have  directed,  or  may  hereafter 
direct ;  and  the  Judges  of  Probate  shall  hold  their 
courts  at  such  place  or  places,  on  such  fixed  days  as 
the  convenience  of  the  people  may  require,  and  the 
Legislature  from  time  to  time  appoint.  N.  II.,  408. 
— The  Chancellor  shall  be  the  Ordinary,  or  Surrogate 
General,  and  Judge  of  the  Prerogative  Court. 
— All  persons  aggrieved  by  any  order,  sentence  or 
decree  of  the  Orphans'  Court,  may  appeal  from  the 
same  or  from  any  part  thereof,  to  the  Prerogative 
Court;  but  such  order,  sentence,  or  decree  shall  not 
be  removed  into  the  Supreme  cr  Circuit  Court, 
if  the  subject-matter  thereof  be  within  the  jurisdiction 
of  the  Orphan's  Court  iV.  /,  418. 
— There  shall  be  established  in  each  county  a  Probate 
Court,  which  shall  be  a  court  of  record,  open  at  all 
times,  and  holden  by  one  judge,  elected  by  the  voters 
of  the  county,  who  shall  hold  his  office  for  the  term 
of  three  years,  and  shall  receive  such  compensation 
payable  out  of  the  county  treasury,  or  by  fees,  or 
both,  as  shall  be  provided  by  law.  Ohio,  437. 
— The  Probate  Court  shall  have  jurisdiction  in  pro- 
bate and  testamentary  matters,  the  appointment  of 
administrators  and  guardians,  the  settlement  of  the 
accounts  of  executors,  administrators  and  guardians, 
and  such  jurisdiction  in  habeas  cm-pus.  the  i-ssuing  of 
marriage  licenses,  and  for  the  sale  of  lan<l  by  execu- 
tors, administrators,  and  guardians,  and  such  other 
jurisdiction  in  any  county  or  counties,  as  may  be  pro- 
vided by  law.      Ohio,  437. 

— The  Probate  Courts  provided  for  in  this  Constitu- 
tion, as  to  all  matters  witliin  the  jurisdiction  conferred 
upon  said  courts,  shall  be  the  successors,  in  the  several 
counties,  of  the  present  Courts  of  Common  Pleas; 
and  the  records,  files  and  papers,  business  and  pro- 
ceedings appertaining   to  said  jurisdiction   shall   bo 


141 


transferred  to  said  Courts  of  Probate,  and  be  there 
proceeded  in  aocordini^  to  law.  Ohio,  445. 
— The  Judges  of  the  Court  of  Common  Pleas  of  each 
county,  any  two  of  whom  shall  be  a  quorum,  shall 
compose  the  Court  of  Quarter  Sessions  of  the  Peace, 
and  Orphans'  Court  thereof;  and  the  Register  of 
Will.'^,  together  with  the  said  judges,  or  any  two  of 
them,  shall  compose  the  Register's  Court  of  each 
county.     Pa.j  4G5. 

— A  Register's  office,  for  the  probate  of  wills  and 
granting  letters  of  administration,  and  an  office  for 
the  recording  of  deeds,  shall  be  kept  in  each  county. 
Pa.,  465. 

— To  probate  wills,  to  appoint  guardians  of  minors, 
idiots,  lunatics,  and  persons  non  compos  mentis;  to 
grant  letters  testamentary  and  of  administration  ;  to 
settle  the  accounts  of  executors,  administrators  and 
guardians ;  to  transact  all  business  appertaining  to 
the  estates  of  deceased  persons,  minors,  idiots, 
lunatics,  and  persons  non  compos  mentis,  including  the 
settlement,  partition  and  distribution  of  such  estates ; 
and  to  apprentice  minors  under  such  regulations  as 
may  lie  prescribed  by  law.  Tex.,  512. 
— ludges  of  Probate  shall  be  elected  by  the  freemen 
of  their  respective  districts.  Vt.,  5'i9. 
—  The  Recorder,  in  addition  to  the  duties  incident  to 
the  recording  of  inventories,  and  other  papers  rela- 
ting to  estates,  and  of  deeds  and  other  writings,  the 
registering  of  births,  marriages  and  deaths,  and  the 
issuing  of  marriage  licenses,  sliall  have  authority, 
under  such  regulations  as  may  be  prescribed  by  law, 
to  receive  proof  of  wills  and  admit  them  to  probate, 
to  appoint  and  qualify  personal  representatives, 
guardians,  committees  and  curators,  to  administer 
oaths,  take  acknowledgments  of  deeds  and  other 
writings,  and  relinquislunents  of  dowers.  W.  Va.,  554. 
— There  shall  be  chosen  in  each  county  by  the  quali- 
fied electors  thereof,  a  Judge  of  Probate,  who  sliall 
hold  liis  office  for  two  years,  and  until  his  successor 
shall  be  elected  and  qualilied,  and  whose  jurisdiction, 
powers  and  duties,  shall  be  prescribed  by  law ; 
Provided,  however,  That  the  Legislature  shall  have 
power  to  abolish  the  office  of  Judge  of  Probate  in 
any  county,  and  to  confer  probate  powers  upon  such 
interior  courts  as  may  be  estabhshed  in  said  county. 
Wis.,  5G7. 


ERECTION  OF  NEW  COURTS. 


-The  General  Court  shall  forever  have  full  power 
and  .authority  to  erect  and  constitute  judicatories  and 
courts  of  record  or  other  courts,  to  be  held  in  the 
name  of  the  Commonwealth,  for  the  hearing,  trying 
and  determining  of  all  manner  of  crimes,  offenses, 
pleas,  processes,  plaints,  actions,  matters,  causes  and 
things  whatsoever,  arising  or  happening  within  the 
Commonwealth,  or  between  or  concerning  persons 
inhabiting  or  residing,  or  brought  williin  the  same; 
whether  the  same  be  criminal,  or  civil,  or  whether 
the  said  crimes  be  capital  or  not  capital,  and  whether 
the  said  pleas  be  real,  personal  or  mi.xed;  and  for  the 
awarding  and  making  out  of  execution  thereupon;  to 
which  courts  and  judicatories  are  hereby  given  and 
granted  full  power  and  authority  from  time  to  time, 
to  administer  oaths  or  affirmations,  for  the  better 
discovery  of  truth  in  any  matter  in  controversy,  or 
depending  before  them.  Mass.,  283. 
— The  General  Court  shall  forever  have  full  power 
and  authority  to  erect  and  constitute  judicatories  and 
courts  of  record,  or  other  courts,  to  lie  holden  in  the 
name  of  the  State,  for  the  hearing,  trying  and  deter- 
mining all  manner  of  crimes,  offenses,  pleas,  processes, 
plaint.s,  actions,  causes,  matters  and  things  wbatso- 
ever,  arising  and  happening  within  this  State,  or 
between  or  concerning  persons  inhabiting  or  residing 
or  brought  within  tlie  same,  whether  the  same  be 
criminal  or  civil,  or  whether  the  crimes  be  capital  or 
not  capital,  and  whether  the  said  pleas  be  real,  per- 
36 


sonal  or  mi.xed ;  and  for  the  awarding  and  issuing 
execution  thereon.  To  which  courts  and  judicatories 
are  hereby  given  and  granted  full  power  and  author- 
ity, from  time  to  to  time,  to  administer  oaths  or  affir- 
mations for  the  better  discovery  of  truth  in  any  matter 
in  controversy,  or  depending  before  them.  -V.  H., 
401. 

— And  farther,  full  power  and  authority  are  hereby 
given  and  granted  to  the  said  General  Court,  from 
time  to  time,  to  make,  ordain  and  establish  all  manner 
of  wholesome  and  reasonable  orders,  laws,  statutes, 
ordinances,  directions  and  instructions,  either  with 
penalties  or  without,  so  as  the  same  be  not  repugnant 
or  contrary  to  this  Constitution,  as  they  may  judge 
for  the  benefit  and  welfare  of  this  State,  and  for  tlie 
governing  and  ordering  thereof,  and  of  the  subjects 
of  the  same,  for  the  necessary  support  and  defense  of 
the  government  thereof;  and  to  name  and  settle 
annually,  or  provide  by  fixed  laws,  for  the  naming 
and  setthng  of  all  civil  officers  within  this  State ;  such 
officers  excepted,  the  election  and  appointment  of 
whom  are  hereafter  in  this  form  of  government  other- 
wise provided  for ;  and  to  set  forth  the  several  duties, 
powers  and  limits  of  the  several  civil  and  military 
officers  of  this  State,  and  the  forms  of  such  oaths  or 
affirmations  as  shall  be  respectively  administered  unto 
them  for  tlie  execution  of  their  several  offices  and 
places,  so  as  the  same  be  not  repugnant  or  contrary 
to  this  Constitution  ;  and  also  to  impose  fines,  mulcts, 
imprisonments  and  other  punishments;  and  to  impose 
and  levy  proportional  and  reasonable  assessments, 
rates  and  taxes,  upon  all  the  inhabitants  of,  and  resi- 
dents within  the  said  State,  and  upon  all  estates 
within  the  same;  to  be  issued  and  disposed  of  by 
warrant  under  the  hand  of  the  Governor  of  this  State 
for  the  time  being,  with  the  advice  and  consent  of 
the  Council,  for  tlie  public  service  in  the  necessary 
defense  and  support  of  the  government  of  this  State, 
and  the  protection  and  preservation  of  the  subjects 
tlireof,  according  to  such  acts  as  are  or  shall  be  in 
force  withi';  the  same.  N.  II.,  401. 
— The  Legislature  may,  from  time  to  time,  establish 
such  other  inferior  courts  as  may  be  deemed  neces- 
sary, and  to  abolish  the  same  whenever  they  shall 
deem  it  expedient.     Miss.,  340. 

[The  Legislature  may  erect  new   courts.]     Mass., 
283;  Mils.,  370;  N.  II.,  402. 

— The  Legislature  shall  have  power,  if  they  should 
think  it  expedient  and  necessary,  to  provide  by  law 
for  the  organization  of  a  separate  Supreme  Court, 
with  the  jurisdiction  and  powers  prescribed  in  this 
Constitution,  to  consist  of  one  Chief  Justice  and  two 
Associate  Justices,  to  be  elected  by  the  qualified 
electors  of  the  State,  at  such  time  and  in  such  manner 
as  the  Legislature  may  provide.  The  separate 
Supreme  Court,  when  so  organized,  shall  not  be 
changed  or  discontinued  by  the  Legislature ;  the 
judges  thereof  shall  be  so  classified  that  but  one  of 
them  shall  go  out  of  office  at  the  same  time,  and  their 
term  of  office  shall  be  the  same  as  is  provided  for  the 
Judges  of  the  Circuit  Court.  And  whenever  the 
Legislature  may  consider  it  necessary  to  establish  a 
separate  Supreme  Court,  they  shall  have  power  to 
reduce  tlie  number  of  Circuit  Court  judges  to  four, 
and  subdivide  the  judicial  circuits,  but  no  such  subdi- 
vision or  reduction  shall  take  effect  until  after  the 
expiration  of  the  term  of  some  of  the  said  judges,  or 
till  a  vacancy  occur  by  some  other  means.      Wis.,  565. 


JUDICIAL  DISTRICTS. 

— The  State  shall  be  divided  into  convenient  circuits, 
each  to  con.sistof  not  less  than  five  nor  more  than  seven 
counties  contiguous  to  each  other,  for  each  of  which 
a  judge  shall  be  elected,  who,  during  his  continuance 
in  office,  shall  reside  ami  be  a  conservator  of  the  peace, 
within  the  circuit  for  which  he  shall  have  been  elected. 
Ark.,  91. 

— The  State  shall  be  divided  by  the  Legislature  of 
1863,  into  fourteen  judicial  districts,  subject  to  such 
alteration  from  time  to  time,  by  a  two-thirds  vote  of  the 


142 


1  g  16.  The  Legislature  may  reorganize  the  judicial  districts  at  the  first  ses- 

2  sion  after  the  returu  of  every  enumeration  under  this  Coustitution,  in  the 

3  manner  provided  for  in  the  fourth  section  of  this  article,  and  at  no  other  time  ; 

4  and  they  may,  at  such  session,  increase  or  diminish  the  number  of  districts, 

5  but  such  increase  or  diminution  shall  not  be  more  than  one  district  at  any  one 

6  time.    Each  district  shall  have  four  Justices  of  the  Supreme  Court ;  but  no 

7  diminution  of  the  districts  shall  have  the  effect  to  remove  a  judge  from  office. 


members  elected  to  botli  Houses,  as  the  ]iublic  good 
may  require ;  in  each  of  which  there  shall  be  a  Dis- 
trict Court,  and  for  each  of  which  a  District  Judge 
shall  be  elected  by  the  qualified  electors  of  the  district, 
at  the  special  judicial  elections  to  be  held  as  provided 
for  the  election  of  Justices  of  the  Supreme  Court  by 
section  three  of  this  article.  Cat,  (as  amended  in 
1862). 

— The  State  shall  be  divided  into  convenient  circuits; 
and  for  each  circuit  there  shall  be  a  Judge,  who  shall, 
after  his  election  or  appointment,  reside  in  the  circuit 
for  which  he  has  been  elected  or  appointed ;  and  shall, 
as  well  as  Justices  of  the  Supreme  Court,  receive  for 
his  services  a  salary  of  not  less  than  twenty-five 
hundred  dollars  per  annum,  which  shall  not  be  dimin- 
ished during  his  continuance  in  office,  but  the  judges 
shall  receive  no  fees,  perquisites  of  office,  nor  hold 
any  other  office  of  profit  under  the  State,  the  United 
States,  or  any  other  power.  Fl.,  133. 
— The  State  shall  be  divided  into  three  grand  divis- 
ions, as  nearly  equal  as  may  be,  and  the  qualified 
electors  of  each  division  shall  elect  one  of  the  said 
judges  for  the  term  of  nine  years ;  Provided,  That 
after  the  first  election  of  such  judges  the  -General 
Assembly  may  have  the  power  to  provide  by  law  for 
their  election  by  the  whole  State,  or  by  divisions,  as 
they  may  deem  most  expedient.  III.,  IGO. 
— The  State  shall  be  divided  into  nine  judicial  dis- 
tricts, in  each  of  which  one  circuit  judge  shall  be 
elected  by  the  qualified  electors  thereof,  who  shall 
hold  his  office  for  the  term  of  six  years,  and  until  his 
successor  shall  be  commissioned  and  qualified;  Pro- 
vided,  Tliat  the  General  Assembly  may  increase  the 
number  of  circuits  to  meet  the  future  exigencies  of 
the  State.     III.,  160. 

— The  foregoing  districts  may,  after  the  taking  of  each 
census  by  the  State,  be  altered,  if  necessary,  to  equal- 
ize the  said  districts  in  population,  but  such  altera- 
tion shall  be  made  by  adding  to  such  district  such 
adjacent  county  or  counties  as  will  make  said  district 
nearest  equal  in  population ;  Provided,  no  such  alter- 
ation shall  affect  the  office  of  any  judge  then  in 
office.     lU.,  162. 

— The  State  shall  be  divided  into  as  many  districts 
as  there  are  judges  of  the  Supreme  Court,  and  such 
districts  shall  be  formed  of  contiguous  territory,  as 
nearly  equal  in  population  as,  without  dividing  a 
county,  the  same  can  be  made.  One  of  said  judges 
shall  be  elected  from  each  district,  and  reside  therein ; 
but  said  judges  shall  be  elected  by  the  electors  of  the 
State  at  large.     Ind.,  176. 

— The  State  shall  from  time  to  time  be  divided  into 
judicial  circuits,  and  a  juilge  for  each  circuit  shall  be 
elected  by  the  voters  thereof  He  shall  reside  within 
the  circuit,  and  shall  hold  his  office  for  the  term  of  six 
years,  if  he  so  long  behave  well.  Jiid.,  177. 
— The  State  shall  be  divided  into  eleven  judicial  dis- 
tricts, and  after  the  year  1860,  the  General  Assembly 
may  reorganize  the  judicial  districts,  and  increase  or 
diminish  the  number  of  districts,  or  the  number  of 
judges  of  the  said  court,  and  may  increase  the  num- 
ber of  judges  of  the  Supreme  Court;  but  such 
increase  or  diminution  shall  not  be  more  than  one 
district,  or  one  judge  of  either  court  at  any  one  ses- 


sion ;  and  no  reorganization  of  tlie  districts  or  dimi- 
nution of  the  judges,  shall  have  the  effect  of  remov- 
ing a  judge  from  office.  Such  reorganization  of  the 
districts,  or  any  change  in  the  boundaries  thereof,  or 
increase  or  diminution  of  the  number  of  judges  shall 
take  place  every  four  years  thereafter,  if  necessary, 
and  at  no  other  time.  Iowa,  189. 
— The  General  Assembly,  at  the  first  session  under 
this  Constitution,  shall  district  the  State  into  eleven 
judicial  districts,  for  District  Court  purposes,  and  shall 
also  provide  for  the  apportionment  of  the  members 
of  the  General  Assembly,  in  accordance  with  the 
provi-sions  of  this  Constitution.  Iowa,  195. 
— The  State  shall  be  divided  into  five  judicial  districts, 
in  each  of  which  there  shall  be  elected,  by  the  elec- 
tors thereof,  a  district  judge,  who  shall  hold  his  office 
for  tlie  term  of  four  years.  District  Courts  shall  be 
held  at  such  times  and  places  as  may  be  provided  by 
law.     Kan.,  200. 

— New  or  unorganized  counties  shall  by  law  be 
attached  for  judicial  purposes  to  the  most  convenient 
judicial  district.     Kan.,  201. 

— Provision  may  be  made  by  law  for  the  increase  of 
the  number  of  judicial  districts  whenever  two-thirds 
of  the  members  of  each  House  shall  concur.  Such 
districts  shall  be  formed  of  compact  territory  and 
bounded  by  county  lines,  and  suoli  increase  shall  not 
vacate  the  office  of  any  judge.  Kan.,  201. 
— The  General  Assembly,  if  they  deem  it  necessary, 
may  establish  one  additional  district  every  four 
years,  but  the  judicial  districts  shall  not  exceed 
sixteen,  until  the  population  of  this  State  shall 
exceed  one  million  five  hundred  thousand.  Ky.,  216. 
— At  the  first  session  after  the  adoption  of  this  Con- 
stitution, the  General  Assembly  shall  divide  the  State 
into  twelve  judicial  districts,  having  due  regard  to 
business,  territory,  and  population :  Provided,  That 
no  county  shall  be  divided.  Ky.,  216. 
— They  shall,  at  the  same  time  the  judicial  districts 
are  laid  off,  direct  elections  to  be  held  in  each  district, 
to  elect  a  judge  for  said  district,  and  shall  prescribe  in 
what  manner  the  election  shall  be  conducted.  Ky., 
216. 

— The  judicial  districts  of  this  State  shall  not  be 
changed,  except  at  the  first  session  after  an  enume- 
ration, unless  when  a  new  district  may  be  established. 
Ky.,  216. 

— The  State  shall  be  divided  into  eight  judicial  cir- 
cuits; in  each  of  which  the  electors  thereof  shall  elect 
one  Circuit  Judge,  who  shall  hold  his  office  for  the 
term  of  six  years,  and  until  his  successor  is  elected 
and  qualified.     Mich.,  306. 

— The  Legislature  may  alter  the  limits  of  circuits,  or 
increase  the  number  of  the  same.  No  alteration 
or  increase  shall  have  the  oflfect  to  remove  a  judge 
from  office.  In'  every  additional  circuit  established 
the  judge  shall  be  elected  by  the  electors  of  such 
circuit,  and  his  term  of  office  shall  continue  as  pro- 
vided in  this  Constitution  for  Judges  of  the  Circuit 
Court.     Mch.,  306. 

— The  Legislature  may  at  any  time  change  the  num- 
ber of  judicial  districts  or  tlieir  boundaries,  when  it 
shall  be  deemed  expedient,  but  no  such  change  shall 
vacate  the  office  of  any  judge.     Minn.,  325. 


143 


1  S  17.  The  electors  of  the  several  towns  shall,  at  their  annual  town  meeting, 

2  and  in  snch  manner  as  the  Legislature  may  direct,  elect  Justices  of  the  Peace, 

3  whose  term  of  office  shall  be  four  years.    In  case  of  an  election  to  fill  a 

4  vacancy  occurring  before  the  expiration  of  a  full  term  they  shall  hold  for  the 

5  residue  of  the  unexpired  term.    Their  number  and  classification  may  be  regu- 


— The  State  shall  be  divided  by  the  Legislature  into 
six  judicial  districts,  which  shall  be  composed  of  con- 
tiguous territory,  be  bounded  by  county  lines  and 
contain  a  population  as  nearly  equal  as  may  be  prac- 
ticable. In  each  judicial  district,  one  judge  shall  be 
elected  by  the  electors  thereof,  who  shall  constitute 
said  court,  and  whose  term  of  office  shall  be  seven 
years.  Every  District  Judge  shall,  at  the  time  of  his 
election,  be  a  resident  of  the  district  for  which  he 
shall  be  elected,  and  shall  reside  therein  during  his 
continuance  in  office.  Minn.,  324. 
— The  State  shall  be  divided  into  convenient  districts, 
and  each  district  shall  contain  not  less  than  three  nor 
more  than  twelve  counties.  Miss.,  339. 
— Tlie  State,  except  the  county  of  St.  Louis,  shall  be 
divided  into  not  less  than  five  districts,  each  of  which 
shall  embrace  at  least  three  judicial  circuits  ;  and  in 
each  district  a  court,  to  be  known  as  the  District 
Court,  shall  be  held,  at  such  times  and  places  as  may 
be  provided  by  law.  Each  District  Court  shall  be 
held  by  the  Judges  of  the  Circuit  Courts  embraced  in 
the  district,  a  majority  of  whom  shall  be  a  quorum. 
The  District  Courts  shall,  within  their  respective  dis- 
tricts, have  like  original  jurisdiction  with  the  Supreme 
Court,  and  appellate  jurisdiction  from  the  final  judg- 
ments of  the  Circuit  Courts,  and  of  all  inferior  courts 
of  record  within  the  district,  except  Probate  and 
County  Courts.  After  the  establishment  of  such 
District  Courts,  no  appeal  or  writ  of  error  shall  lie 
from  any  Circuit  Court,  or  inferior  court  of  record,  to 
the  Supreme  Court,  but  shall  be  prosecuted  to  the 
District  Court,  from  the  final  judgment  of  which  an 
appeal  or  writ  of  error  may  be  taken  to  the  Supreme 
Court,  in  such  cases  as  may  be  provided  by  law. 
Mo.,  358. 

-  The  State  shall  be  divided  into  convenient  districts, 
not  to  exceed  four,  in  each  of  which  the  Supreme 
Court  shall  Ije  held,  at  such  time  and  place  as  the 
General  Assembly  may  appoint ;  and  when  sitting  in 
either  district,  it  shall  exercise  jurisdiction  over 
causes  originating  in  that  district  only  ;  but  the  Gen- 
eral Assembly  may  direct,  by  law,  that  the  said 
court  shall  be  held  in  one  place  only.  Mo..  357. 
— The  State  shall  be  divided  into  three  judicial  dis- 
tricts, and  the  District  Courts  shall  be  held  at  such 
times  and  places  as  may  be  provided  by  law,  and  the 
Legislature  shall,  by  law,  a.ssign  the  Justices  to  hold 
District  Courts  in  the  several  districts ;  Pro- 
vided, That  until  the  Legislature  shall  have  provided 
by  law,  the  Governor  shall  have  authority  to  make 
such  assignment.     Neb.,  375. 

— The  State  is  hereby  divided  into  nine  judicial  dis- 
tricts. The  Legislature  may,  however,  provide,  by 
law,  for  an  alteration  in  the  boundaries  or  division  of 
the  districts  herein  prescribed,  and  also  for  increasing 
or  diminishing  the  number  of  judicial  districts  and 
judges  therein.  But  no  such  change  shall  take  effect 
except  in  case  of  a  vacancy  or  the  expiration  of  a 
term  of  an  incumbent  of  the  office.  Nev.,  38G. 
— The  State  shall  be  divided  into  nine  common  pleas 
districts,  of  which  the  county  of  Hamilton  shall  con- 
stitute one,  of  compact  territory,  and  bounded  by 
county  lines ;  and  each  of  said  districts,  consisting  of 
three  or  more  counties,  shall  be  subdivided  into  three 
parts,  of  compact  territory,  bounded  by  county  lines, 
and  as  nearly  equal  in  population  as  practicable;  in 
each  of  which  one  Judge  of  the  Court  of  Common 
Pleas  for  said  district,  and  residing  therein,  shall  be 
elected  by  the  electors  of  said  subdivision.  Courts  of 
Common  Pleas  shall  be  held  by  one  or  more  of  these 


judges  in  every  county  in  the  district,  as  often  as  may 
be  provided  by  law ;  and  more  than  one  court,  or 
sitting  thereof,  may  be  held  at  the  same  time  in  each 
district.      Ohio,  437. 

— The  boundaries  of  the  several  judicial  and  election 
districts  shall  remain  as  they  are  now  established. 
S.  C,  482. 

— The  State  shall  be  divided  into  convenient  judicial 
districts.  For  each  district  there  shall  be  elected  by 
the  qualified  voters  thereof,  at  a  general  election  for 
State  or  county  officers  a  judge  who  shall  reside  in 
the  same ;  shall  hold  his  office  for  the  term  of  eight 
years ;  shall  receive  an  annual  salary  of  not  less  than 
three  thousand  five  hundred  dollars,  which  shall  not 
be  increased  or  diminished  during  his  term  of  service, 
and  shall  hold  the  courts  at  one  place  in  each  county 
in  the  district  at  least  twice  in  each  year,  in  such 
manner  as  may  be  prescribed  by  law.  Trx.,  510. 
— Each  judicial  district  in  the  State  shall  constitute 
one  election  district,  except  Charleston  district,  which 
shall  be  divided  into  two  election  districts;  one  con- 
sisting of  the  late  parishes  of  St.  Philip  and  St. 
Michael,  to  be  designated  the  election  district  of 
Charleston;  the  other,  consisting  of  all  that  part  of 
the  judicial  district  which  is  without  the  limits  of  the 
said  parishes,  to  be  known  as  the  election  district  of 
Berkeley.     S.  C,  482. 

— The  State  shall  be  divided  into  sixteen  judicial 
circuits,  seven  districts,  and  three  sections.  Va.,  541. 
— The  General  Assembly  may  at  the  end  of  five 
years  after  the  adoption  of  this  Constitution,  and 
thereafter  at  intervals  of  ten  years,  re-arrange  the 
said  circuits,  districts  and  sections,  and  place  any 
number  of  circuits  in  a  district  and  of  districts  in  a 
section ;  but  each  circuit  shall  be  altogether  in  one 
district  and  each  district  in  one  section ;  and  there 
shall  not  be  less  than  two  districts  and  four  circuits 
in  a  section,  and  the  number  of  sections  shall  not  be 
diminished.      Va.,  591. 

— The  Legislature  may  from  time  to  time,  re-arrange 
the  circuits ;  and  after  the  expiration  of  five  years 
from  the  time  this  Constitution  goes  into  operation, 
and  thereafter,  at  periods  of  ten  years,  may  increase 
or  diminish  the  number  of  circuits,  or  the  number  of 
courts  in  a  year,  as  necessity  may  require.  W.  Va., 
552. 

—The  State  shall  be  divided  into  five  judicial  circuits. 
Wis.,  56G. 

— The  Legislature  may  alter  the  limits,  or  increase 
the  number  of  circuits,  making  them  as  compact  and 
convenient  as  practicable,  and  bounding  them  by 
county  lines,  but  no  such  alteration  or  increase  shall 
have  the  effect  to  remove  a  judge  from  office.  In 
case  of  an  increase  of  circuits,  the  judge  or  judges 
shall  be  elected  as  provided  in  this  Constitution,  and 
receive  a  salary  not  less  than  that  herein  provided 
for  Judges  of  the  Circuit  Court.      Wis.,  566. 


JUSTICES  OF  THE  PEACE. 

— [Under  the  first  Constitution  of  New  York,  Jus- 
tices were  appointed  by  the  Council  of  Appointment. 
In  1821,  they  were  appointed  by  Supervisors  and 
Judges,  but  in  1826  an  amendment  was  adopted, 
directing  their  election  for  a  term  of  four  years]. 
39,  44. 

— A  competent  number  of  Justices  of  the  Peace  shall 
be  appointed  in  and  for  each  county,  in  such  mode, 
and  for  such  term  of  office,  as  the  General  Assembly 


IM 


6  lated  by  law.    Justices  of  the  Peace  and  judges  or  justices  of  inferior  courts 

7  not  of  record,  and  their  clerks,  may  be  removed  after  due  notice  and  an 

8  opportunity  of  being  heard  in  their  defense  by  such  county,  city  or  State 

9  courts  as  may  be  prescribed  by  law,  for  causes  to  be  assigned  in  the  order  of 
10  removal. 


may  by  law  direct;  whose  jurisdiction,  in  civil  cases, 
shall  be  limited  to  causes  in  wliicU  the  amount  in 
controversy  shall  not  exceed  one  hundred  dollars; 
and  in  all  cases  tried  by  a  Justice  of  the  Peace,  the 
right  of  appeal  shall  be  secured,  under  such  rules  and 
regulations,  as  may  be  prescribed  by  law.  Ala.,  80. 
— The  qualified  voters  residing  in  each  township 
shall  elect  the  Justices  of  the  Peace  for  each  town- 
ship. For  every  one  hundred  voters  there  may  be 
elected  one  Justice  of  the  Peace ;  Provided,  That 
each  township,  however  small,  shall  have  two  Jus- 
tices of  the  Peace.  Justices  of  the  Peace  shall  be 
elected  for  the  term  of  two  years,  and  shall  hold  their 
offices  until  their  successors  are  elected  and  qualified  ; 
shall  be  commissioned  by  the  Governor,  and  shall 
reside  in  the  township  for  which  they  are  elected 
during  tlieir  continuance  in  office.  The  first  election 
for  Justices  of  the  Peace  shall  take  place  on  the  sec- 
ond Monday  in  March,  1864,  and  the  second  election 
on  the  first  Monday  in  August,  one  thousand  eight 
hundred  and  sixty-six,  and  at  the  rei/tilar  elections  iliere- 
after.  Justices  of  the  Peace,  individually,  or  two  or 
more  of  tliem  jointly,  shall  have  original  jurisdiction 
in  cases  of  bastardy,  and  in  all  matters  of  contract, 
and  actions  for  the  recover)'  of  fines  and  forfeiture 
where  tlie  amount  claimed  does  not  exceed  two 
hundred  dollars,  and  concurrent  jurisdiction  with 
Circuit  Courts  where  the  amount  claimed  exceeds 
one  hundred  dollars,  and  does  not  exceed  two  hun- 
dred dollars,  and  sucli  jurisdiction  as  may  be  provided 
by  law  in  actions  ex  delicto,  where  the  damages  claimed 
do  not  exceed  one  hundred  dollars ;  and  prosecutions 
for  assault  and  battery  and  other  penal  offenses  less 
than  felony,  punishable  by  fine  only.  Every  action 
cognizable  before  a  Justice  of  the  Peace,  instituted 
by  summons  or  w-arrant,  shall  be  brought  before  some 
Justice  of  the  Peace  of  the  township  where  the 
defendant  resides.  They  may  also  sit  as  examining 
courts,  and  commit,  discharge,  or  recognize  any  per- 
son charged  with  any  crime  of  any  grade.  For  the 
forgoing  purposes  they  shall  have  power  to  issue  all 
necessary  process.  They  shall  also  have  power  to 
bind  to  keep  the  peace,  or  for  good  behavior.  Ark,  92. 
— There  shall  be  established  in  each  county  in  the 
State,  a  court  to  holden  by  the  Justices  of  the  Peace, 
a  court  called  the  County  Court,  which  shall  have 
jurisdiction  in  all  matters  relating  to  taxes,  disburse- 
ments of  money  for  county  purposes,  and  in  every 
other  case  that  may  be  necessary  to  the  internal 
improvement  and  local  concerns  of  the  respective 
counties.     Ark.,  91. 

— The  Legislature  shall  determine  the  number  of 
Justices  of  the  Peace  to  be  elected  in  each  city  and 
township  of  the  State,  and  fix  by  law  their  powers, 
duties,  and  responsibilities ;  Provided,  such  powers 
shall  not  in  any  case  trencli  upon  the  jurisdiction  of 
the  several  courts  of  record.  C'aL,  (as  amended  in 
1862). 

— There  shall  be  appointed  in  each  county,  a  suffi- 
cient number  of  Justices  of  the  Peace,  with  such 
jurisdiction  in  civil  and  criminal  cases  as  the  General 
Assembly  may  prescribe.  Ct.,  111. 
— The  Governor  shall  appoint  a  competent  number 
of  persons  to  the  office  of  Justice  of  tlie  Peace,  not 
exceeding  twelve  in  each  county,  until  tw-o-thirds  of 
both  Houses  of  the  Legislature  shall  by  law  direct  an 
addition  to  the  number,  who  shall  be  commissioned 
for  seven  years,  if  so  long  they  shall  behave  them- 
selves well,  but  may  be  removed  by  the  Governor 
within  that  time  on  conviction   of  misbehavior   in 


office,  or  on  the  address  of  both  Houses  of  the  Leg- 
islature.    Del,  124. 

— A  competent  number  of  Justices  of  the  Peace  shall 
be  from  time  to  time  elected  in  and  for  each  county, 
in  such  mode  and  for  such  term  of  office  as  the  Gen- 
eral Assembly  may  direct,  and  .shall  possess  such 
jurisdiction  as  may  be  prescribed  by  law ;  and  in 
cases  tried  before  a  Justice  of  the  Peace,  the  right  of 
appeal  shall  be  secured  under  such  rules  and  regula- 
tions as  may  be  prescribed  by  law.  Fl.,  134. 
— The  Justice  or  Justices  of  the  Inferior  Court  and 
the  Judge  of  such  other  County  Court  as  may  by 
law  be  created,  shall  be  elected  in  each  county  by  the 
persons  entitled  to  vote  for  members  of  the  General 
Assembly.      Oa.,  149. 

— The  Justice  of  the  Peace  shall  be  elected  in  each 
district  by  the  persons  entitled  to  vote  for  members 
of  the  General  Assembly.  Oct.,  149. 
— A  comperent  number  of  Justices  of  the  Peace  shall 
be  elected  by  the  voters  in  each  town.^hip  in  the  sev- 
eral counties.  They  shall  continue  in  office  four 
years,_and  tlieir  powers  and  duties  shall  be  prescribed 
by  law.     /nd.,  177. 

— The  jurisdiction  of  Justices  of  the  Peace  shall 
extend  to  all  civil  cases  (except  cases  in  chancery  and 
cases  where  the  question  of  title  to  any  real  estate 
may  arise),  where  the  amount  in  controversy  does 
not  exceed  one  hundred  dollars,  and  by  the  consent 
of  parties  may  be  extended  to  any  amount  not 
exceeding  three  hundred  dollars.  Iowa,  193. 
— There  shall  be  elected  in  each  county  in  this  State, 
in  such  districts  as  the  General  Assembly  may  direct, 
by  the  qualified  electors  thereof  a  competent  number 
of  Justices  of  the  Peace,  who  shall  hold  their  offices 
for  the  term  of  four  years,  and  until  their  successors 
shall  have  been  elected  and  qualified,  and  who  shall 
perform  such  duties,  receive  such  compensation,  and 
exercise  such  jurisdiction,  as  may  be  prescribed  by 
law.     III.,  161. 

— Two  Justices  of  the  Peace  shall  be  elected  in  each 
township,  whose  term  of  office  shall  be  two  years, 
and  whose  powers  and  duties  shall  be  prescribed  by 
law.  The  number  of  Justices  of  the  Peace  may  be 
increased  in  any  township  by  law.  Kan.,  201. 
— Each  county  in  this  State  shall  be  laid  off  into  dis- 
tricts of  convenient  size,  as  the  General  Assembly 
may.  from  time  to  time,  direct.  Two  Justices  of  the 
Peace  shall  be  elected  in  each  district,  by  the  quali- 
fied voters  therein,  at  such  time  and  place  as  may  be 
prescribed  by  law,  for  the  term  of  four  years,  whose 
jurisdiction  shall  be  co-extensive  with  the  county; 
no  person  shall  be  eligible  as  a  Justice  of  the  Peace, 
unless  he  be  a  citizen  of  the  United  States,  twenty- 
one  years  of  age,  and  a  resident  of  the  district  in 
which  he  may  be  candidate.  Kjj.,  217. 
— The  General  Assembly  may  provide  by  law,  that 
the  Justices  of  the  Peace  in  each  county  shall  sit  at 
the  Court  of  Claims  and  assist  in  laying  the  county 
levy  and  making  appropriations  only.  ICi/.,  217. 
— A  Constable  shall  be  elected  in  every  Justice's  dis- 
trict, who  shall  be  chosen  for  two  years,  at  such  time 
and  place  as  may  be  provided  by  law,  whose  jurisdic- 
diction  shall  be  co-extensive  with  the  county  in 
which  he  may  reside.  Ay.,  218. 
--The  jurisdiction  of  Justices  of  the  Peace  shall  not 
exceed  in  civil  cases  the  sum  of  one  hundred  dollars, 
exclusive  of  interest,  subject  to  appeal  in  such  cases 
as  shall  be  provided  for  by  law.  They  .shall  be  elected 
by  the  qualified  voters  of  their  several  districts,  and 
shall  hold   their  office  during  a  term  of  two  years. 


145 


They  shall  have  such  criminal  jurisdiction  as  shall  be 
provided  by  law.     La.,  232. 

—Justices  of  the  Peace  and  Notaries  Public  shall 
hold  their  offices  during  seven  years,  if  they  .<o  long 
behave  themselves  well,  at  the  expiration  of  which 
term  they  may  be  re-appointed,  or  others  appointed 
as  the  public  interest  may  require.  Me.,  246. 
— Judges  of  the  County  Court,  and  Justices  of  the 
Peace,  shall  be  conservators  of  the  peace.  Ky.,  217. 
— The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  such  number  of  Justices 
of  the  Peace,  and  the  County  Commissioners  of  the 
several  counties,  and  the  Mayor  and  City  Council  of 
Baltimore,  shall  appoint  such  number  of  Constables  for 
the  several  election  districts  of  the  counties  and  wards 
of  the  city  of  Baltimore,  as  aie  now  or  may  hereafter 
be  prescribed  by  law  ;  and  Justices  of  the  Peace  and 
Constables  so  appointed,  shall  be  subject  to  removal 
by  the  judge  having  criminal  jurisdiction  in  the 
county  or  city,  for  incompetency,  willful  neglect  of 
duty,  or  misdemeanor  in  office,  on  conviction  in  a 
court  of  law.  The  Justices  of  the  Peace  and  Con- 
stables so  appointed  and  commissioned  shall  be  con- 
servators of  the  peace,  shall  hold  their  office  for  two 
years,  and  shall  have  such  jurisdiction,  duties  and 
compensation,  subject  to  such  right  of  appeal  in  all 
cases,  from  the  judgment  of  Justices  of  the  Peace,  as 
hath  been  heretofore  exercised,  or  shall  be  hereafter 
prescribed  by  law.     Md.,  270. 

— In  the  event  of  a  vacancy  in  tlie  office  of  a  Justice 
of  the  Peace,  the  Governor  shall  appoint  a  person  to 
serve  as  Justice  of  the  Peace  for  the  residue  of  the 
term,  and  in  case  of  a  vacancy  in  the  office  of  Con- 
stable, the  County  Commissioners  of  the  county  in 
which  the  vacancy  occurs,  or  the  Mayor  and  City 
Council  of  Baltimore,  as  the  case  may  be,  shall  appoint 
a  person  to  serve  as  Constable  for  the  residue  of  the 
term,     ^fd.,  270. 

—In  order  that  the  people  may  not  suffi;r  from  the 
long  continuance  in  place  of  any  Justice  of  the  Peace, 
who  shall  fail  of  discharging  the  important  duties  of 
his  office  with  ability  or  lidelity,  all  commissions  of 
Justices  of  the  Peace  shall  expire  and  become  void 
in  the  term  of  seven  years  from  their  respective  dates ; 
and  upon  the  expiration  of  any  commisssion,  the 
same  may,  if  necessary,  be  renewed,  or  another  per- 
son appointed,  as  shall  most  conduce  to  the  well 
being  of  the  Commonwealth.  Mass.,  290. 
-In  civil  cases.  Justices  of  the  Peace  shall  have 
exclusive  jurisdiction  to  the  amount  of  one  hundred 
dollars,  and  concurrent  jurisdiction  to  the  amount  of 
three  hundred  dollars,  which  may  be  increased  to  five 
bundled  dollars,  with  such  exceptions  and  restric- 
tions as  may  be  provided  law.  They  shall  also  have 
such  criminal  jurisdiction,  and  perform  such  duties  as 
shall  be  prescribed  by  the  Legislature.  Mich.,  306. 
— There  shall  be,  not  exceeding  four  Justices  of  the 
Peace  in  each  organized  township.  They  shall  be 
elected  by  the  electors  of  the  townships,  shall  hold 
their  offices  for  four  years,  and  until  their  successors 
are  elected  and  qualified.  At  the  first  election  in  any 
township,  theysliall  be  clas.sified  as  prescribed  by  law. 
A  justice  elected  to  fill  a  vacancy  shall  hold  his  office 
for  the  residue  of  the  unexpired  term.  The  Legisla- 
ture may  increase  the  number  of  justices  in  cities. 
Mich.,  306. 

— The  Legislature  shall  provide  for  the  election  of  a 
sufficient  number  of  Justices  of  the  Peace  in  each 
county,  whose  terra  of  office  shall  be  two  years,  and 
whose  duties  and  compensation  shall  be  prescribed 
by  law:  Provided,  That  no  Justice  of  the  Peace  shall 
have  juri.sdiction  of  any  civil  cause  where  the  amount 
in  controversy  shall  exceed  one  liundred  dollars,  nor 
in  a  criminal  cau.-<e  wliere  the  puni.shment  shall  exceed 
three  months  imprisonment,  or  a  fine  of  over  one 
hundred  dollars,  nor  in  any  cause  involving  the  title 
to  real  estate.     Minn.,  325. 

— A  competent  number  of  Justices  of  the  Peace  and 
Constables  shall  be  chosen  in  each  county  by  the 
qualified  electors  tliereof,  by  districts,  who  shall  hold 
their  offices  for  the  term  of  two  years.  The  jurisdic- 
tion of  Justices  of  the  Peace  shall  be  limited  to  causes 

37 


in  which  the  principal  of  the  amount  in  controversy 
shall  not  exceed  the  amount  of  fifty  dollars.  In  all 
causes  tried  by  a  Justice  of  the  Peace,  the  right  of 
appeal  shall  be  secured  under  such  rules  and  regula- 
tions as  shiiU  be  prescribed  by  law.  Miss.,  340. 
— In  each  county  there  shall  be  appointed,  or  elected, 
as  many  Justices  of  the  Peace  as  the  public  good  may 
be  thought  to  require.  Their  powers  and  duties,  and 
their  duration  in  office,  shall  be  regulated  by  law. 
Mo.,  359. 

— The  Legislature  shall  determine  the  number  of  Jus- 
tices of  the  Peace,  to  be  chosen  in  each  city  and 
township  of  the  State,  and  shall  fix  by  law  their 
powers,  duties  and  responsibilities:  Provided,  That 
such  Justices'  Courts  shall  not  have  jurisdiction  of  the 
following  cases,  viz. :  First,  Of  cases  in  which  the 
matter  in  dispute  is  a  money  demand  or  personal 
property,  and  the  amount  of  demand  exclusive  of 
interest  or  the  value  of  the  property  exceeds  three 
hundred  dollars.  Sicmd,  Of  cases  wherein  the  title 
to  real  estate,  or  mining  claims,  or  questions  of 
boundaries  to  land  is  or  may  be  involved ;  or  of  cases 
that  in  any  manner  shall  conflict  with  the  jurisdiction 
of  the  several  courts  of  record  in  this  State:  And, 
Provided,  further,  That  Justices'  Courts  shall  have 
such  criminal  jurisdiction  as  may  be  prescribed  by 
law;  and  the  Legislature  may  confer  upon  said 
courts  jurisdiction  concurrent  with  the  District  Courts 
of  actions  to  enforce  mechanics'  liens,  wherein  the 
amount,  exclusive  of  interest,  does  not  exceed  three 
hundred  dollars;  and  also,  of  actions  for  the  posses- 
sion of  lands  and  tenements,  where  the  relation  of 
landlord  and  tenant  exists,  or  where  such  possession 
has  been  unlawfuUv  or  fraudulently  obtained  or  with- 
held.    Nev.,  387. 

— In  order  that  the  people  may  not  suffijr  from  the 
long  continuance  in  place  of  any  Justice  of  the 
Peace  who  shall  fail  in  discharging  the  important 
duties  of  his  office  with  ability  and  fidelity,  all  com- 
missions of  Justices  of  the  Peace  shall  become  void 
at  the  expiration  of  five  years  from  their  respective 
dates;  and  upon  the  expiration  of  any  commission, 
the  same  may,  if  necessary,  be  renewed,  or  another 
person  appointed,  as  shall  most  conduce  to  the  well 
being  of  the  State.  N.  H.,  408. 
— The  General  Court  are  empowered  to  give  to  Jus- 
tices of  the  Peace  jurisdiction  in  civil  causes,  when 
the  damages  demanded  shall  not  exceed  four  pounds, 
and  title  of  real  estate  is  not  concerned  ;  but  with  the 
right  of  appeal  to  either  party  to  some  other  court, 
so  that  a  trial  by  jury  in  the  last  resort  may  be  had. 
N.  H.,  408. 

— Justices  of  the  Peace  shall  be  elected  by  ballot,  at 
the  annual  meetings  of  the  townships  in  the  several 
counties  of  the  State,  and  of  the  wards  in  the  cities 
that  may  vote  in  wards,  in  such  manner,  under  such 
regulations,  as  may  be  hereafter  provided  by  law. 

They  shall  be  commissioned  for  the  county,  and 
their  commissions  shall  bear  date  and  take  effect  on 
the  first  day  of  May  next  after  their  election. 

They  shall  hold  their  offices  for  five  years;  but 
when  elected  to  fill  vacancies,  they  shall  hold  for  the 
unexpired  term  only  :  Provided,  That  the  commission 
of  any  Justice  of  the  Peace  shall  become  vacant  upon 
his  ceasing  to  reside  in  the  township  in  which  he  was 
elected. 

The  first  election  for  Justices  of  the  Peace  shall 
take  place  at  the  next  annual  town  meetings  of  the 
townships  in  the  several  counties  of  the  State,  and  of 
the  wards  in  cities  that  may  vote  in  wards.  N.  J., 
419. 

— There  may  be  elected  under  this  Constitution  two, 
and  not  more  than  five  Justices  of  the  Peace  in  each 
of  the  townships  of  the  several  counties  of  this  State, 
and  in  each  of  the  wards,  in  cities  that  may  vote  in 
wards.  When  a  township  or  ward  contains  two 
thousand  inhabitants  or  less,  it  may  have  two  justices  ; 
when  it  contains  more  than  two  thousand  inhabitants, 
and  not  more  than  four  thousand,  it  may  have  four 
justices;  and  when  it  contains  more  than  four  thou- 
sand inhabitants,  it  may  have  five  justices :  Provided, 
That  whenever  any  township  not  voting  in  wards, 


146 


contains  more  than  seven  thousand  inhabitants,  such 
township  may  liave  an  additional  justice  for  each 
additional  three  thousand  inhabitants  above  lour 
thousand.     iV.  J.,  418. 

— Upon  the  conviction  of  any  Justice  of  the  Peace  of 
any  infamous  crime,  or  of  corruption  or  malpractice  in 
office,  the  commission  of  such  justice  shall  be  thereby 
vacated,  and  he  shall  be  forever  disqualified  from 
holding  such  appointment.  N.  C,  429. 
— That  the  Justices  of  the  Peace,  within  their  respec- 
tive counties  in  this  State,  shall  in  future  be  recom- 
mended to  the  Governor,  for  die  time  being,  by  the 
Representatives  in  General  Assembly,  and  the  Gover- 
nor shall  commission  them  accordingly,  and  the 
justices,  when  so  commissioned,  shall  hold  their  offi- 
ces during  good  behavior,  and  shall  not  be  removed 
from  office  by  the  General  Assembly,  unless  for  mis- 
behavior, absence  or  inability.  jV.  C,  425. 
—A  competent  number  of  Justices  of  tlic  Peace  shall 
be  elected  by  the  electors,  in  each  township  in  the 
several  counties.  Their  term  of  office  shall  be  three 
years,  and  their  powers  and  duties  shall  be  regulated 
by  law.     Ohio,  437. 

— Justices  of  the  Peace,  and  county  and  township 
officers  may  be  removed,  in  such  manner  and  for 
such  cause,  as  shall  be  prescribed  by  law.  01m,  440. 
— Justices  of  the  Peace  may  also  be  invested  with 
limited  judicial  powers.  Or.,  454. 
— Justices  of  the  Peace  or  Aldermen,  shall  be  elected 
in  the  several  wards,  boroughs  and  townships,  at  the 
same  time  of  the  election  of  Constaliles  by  the  qualified 
voters  thereof,  in  such  number  as  shall  be  directed 
by  law,  and  shall  be  commissioned  by  the  Governor 
for  a  term  of  five  years.  But  no  township,  ward  or 
borough,  shall  elect  more  than  two  Justices  of  the 
Peace  or  Aldermen  without  the  consent  of  a  majority 
of  the  qualified  electors  within  such  township,  ward 
or  borough.     Pa.,  46G. 

— Justices  of  the  Peace  and  other  civil  officers,  not 
hereinbefore  mentioned,  for  crimes  or  misdemeanors 
in  office,  shall  be  liable  to  indictment  in  such  courts 
as  the  Legi.slature  may  direct;  and  upon  conviction, 
shall  be  removed  from  office,  by  said  court,  as  if 
found  guilty  on  impeachment;  and  shall  be  subject  to 
such  other  punishment  as  may  be  prescribed  by  law. 
Tenn.,  49G. 

— There  shall  be  elected  a  convenient  number  of  Jus- 
tices of  the  Peace,  who  shall  have  such  civil  and 
criminal  jurisdiction  as  shall  be  provided  by  law, 
where  the  matter  in  controversy  shall  not  exceed,  in 
value,  one  hundred  dollars,  exclusive  of  interest ; 
also  one  Sherifl"  one  Coroner,  and  a  sufficient  num- 
ber of  Constables,  who  shall  hold  their  offices  for  four 
years,  to  be  elected  by  the  qualified  voters  of  the  dis- 
trict, or  county,  as  the  Legislature  may  direct.  Jus- 
tices of  the  Peace,  Sherifis  and  Coroners  shall  bo 
commissioned  by  the  Governor.  The  Sheriff  shall 
not  be  eligible  more  than  eight  years  in  every  twelve. 
Tex.,  512. 

— Justices  of  the  Peace  shall  be  elected  by  the  free- 
men of  their  respective  towns ;  and  towns  having  less 
than  one  thousand  inhabitants  may  elect  any  number 
of  Justices  of  the  Peace  not  exceeding  five ;  towns 
having  one  thousand,  and  less  than  two  thousand 
inhabitants,  may  elect  seven  ;  towns  having  two  thou- 
sand, and  less  than  three  thousand  inhabitants,  may 
elect  ten  ;  towns  having  three  thousand,  and  less  than 
five  thousand  inhabitants,  may  elect  twelve ;  and 
towns  having  five  thousand,  or  more,  inhabitants, 
may  elect  fifteen  Justices  of  the  Peace.  Vi,  529. 
— The  Justices  of  the  Peace  for  the  several  towns  in 
this  State  shall  be  appointed  by  the  electors  in  such 
towns ;  and  the  time  and  the  manner  of  their  elec- 
tion, the  number  for  each  town,  and  the  period  for 
which  they  shall  hold  their  offices,  shall  be  prescribed 
by  law.  Ct.,  115. 
• — The  power  and  jurisdiction  of  Justices  of  the  Peace 


within  their  respective  counties  shall  be  prescribed 
by  law.      Va.,  543. 

— Each  county  shall  be  laid  off  into  districts  as  nearly 
equal  as  may  be  in  territory  and  population.  Suclx 
districts  as  now  laid  off  by  law  shall  continue,  sub- 
ject to  such  changes  as  may  hereallerbe  made  by  the 
General  Assembly.  In  each  district  there  shall  be 
elected,  by  the  voters  thereof,  four  Justices  of  the 
Peace,  who  shall  be  commissioned  by  the  Governor, 
reside  in  their  respective  districts,  and  hold  their 
offices  for  the  term  of  four  years.  The  justices  so 
elected  shall  choose  one  of  their  own  body,  who  shall 
be  the  presiding  justice  of  the  County  Court,  and 
whose  duty  it  shall  be  attend  each  term  of  said  court. 
The  other  justices  .shall  be  classified  by  law  for  the 
performance  of  tlieir  duties  in  court.  Va.,  543. 
— The  Justices  of  the  Peace,  Sheriffs,  Attorneys  for 
the  Commonwealth,  Clerks  of  the  Circuit  and  County 
Courts,  and  all  other  county  officer.s.  shall  be  subject 
to  indictment  for  mivlfeasance,  misfeasance  or  neglect 
of  official  duty ;  and  upon  conviction  thereof,  their 
offices  shall  become  vacant.  Va.,  544. 
— The  civil  jurisdiction  of  a  justice  shall  extend  to 
actions  of  assumpsit,  debt,  detinue  and  trover,  if  the 
amount  claimed,  exclusive  of  interest,  does  not  exceed 
one  hundred  dollars,  when  the  defendant  resides,  or, 
being  a  non-resident  of  the  State,  is  found,  or  has 
effects  or  estate  within  his  township,  or  when  the 
cause  of  action  arose  therein ;  but  any  other  justice 
of  the  same  comity  may  issue  a  summons  to  the 
defendant  to  appear  before  the  justice  of  the  proper 
township,  which  may  be  served  by  a  Constable  of 
either  township.  In  case  of  a  vacancy  in  the  office 
of  Justice  or  Constable  in  any  town.ship  having  but 
one,  or  of  the  disability  to  act  of  the  iucuml)ent,  any 
other  Justice  or  Constable  of  the  same  county  may 
discharge  the  duties  of  their  respective  offices  within 
the  said  township.  The  manner  of  conducting  the 
aforesaid  actions,  and  of  issuing  summonses  and  execu- 
tions, and  of  executing  and  making  return  of  the 
same,  shall  be  prescribed  by  law ;  and  the  Legisla- 
ture may  give  to  Justices  and  Constables  such 
additional  civil  jurisdiction  and  powers,  within  their 
respective  townships,  as  may  be  deemed  expedient. 
IK  Va.,  555. 

— Every  Justice  and  Constable  shall  be  a  conservator 
of  the  peace  throu,i;liout  his  county,  and  have  such 
jurisdiction  and  powers  in  criminal  cases  therein  as 
may  be  prescribed  by  law.  Jurisdiction  of  all  misde- 
meanors and  breaches  of  the  peace,  punishable  by 
fine  not  exceeding  ten  dollars,  or  by  imprisonment 
for  not  more  than  thirty  days,  may  be,  by  law,  vested 
in  the  justices.      W.  Va.,  555. 

— Either  pa'ty  to  a  civil  suit  brought  before  a  justice 
where  the  value  in  controversy,  or  the  damages 
claimed,  exceeds  twenty  dollars,  and  the  defendant, 
in  such  cases  of  misdemeanor  or  breach  of  the  peace 
as  may  be  made  by  law  cognizable  by  a  single  jus- 
tice, when  the  penalty  is  imprisonment  or  a  fine 
exceeding  five  doUar.s,  shall  be  entitled  to  a  trial  by 
six  jurors,  if  demanded,  under  such  regulations  as 
may  be  prescribed  by  law.  W.  Va.,  555. 
— The  electors  of  the  several  towns,  at  their  annual 
town  meetings,  and  the  electors  of  cities  and  villages, 
at  their  charter  elections,  shall  in  such  manner  as  the 
Legislature  may  direct,  elect  Justices  of  the  Peace, 
whose  term  of  office  shall  be  for  two  years,  and  until 
their  successors  in  office  shall  be  elected  and  qualified. 
In  case  of  an  election  to  fill  a  vacancy  occurring  before 
the  expiration  of  a  full  term,  the  justice  elected  shall 
hold  for  the  residue  of  the  unexpired  term.  Their 
number  and  cla.ssification  shall  be  regulated  by  law. 
And  the  tenure  of  two  years  shall  in  no  wi.se  inter- 
fere with  the  classification  in  the  first  instance.  The 
justices  thus  elected  shall  have  such  civil  and  criminal 
jurisdiction  as  shall  be  prescribed  by  law.  Wis., 
567. 


147 


1  §  18.  All  judicial  officers  of  cities  and  villages,  and  all  such  judicial  officers 

2  as  may  be  created  therein  by  law,  shall  be  elected  at  such  times  and  in  such 

3  manner  as  the  Legislature  may  direct. 

1  §  19.  Clerks  of  the  several  counties  of  this  State  shall  be  clerks  of  the 

2  Supreme  Court,  with  such  powers  and  duties  as  shall  be  prescribed  by  law.    A 

3  clerk  of  the  Court  of  Appeals,  to  be  ex  officio  clerk  of  the  Supreme  Court,  and 

4  to  keep  his  office  at  the  seat  of  government,  shall  be  chosen  by  the  electors  of 

5  the  State ;  he  shall  hold  his  office  for  three  years,  and  his  compensation  shall 

6  be  fixed  by  law  and  paid  out  of  the  public  treasury. 


MUNICIPAL  AND  LOCAL  COURTS. 

— The  special  justices,  and  the  assistant  justices  and 
their  clerks,  inthecity  of  New  York,  shall  be  appointed 
by  the  Common  Council  of  the  said  city ;  and  shall 
hold  their  offices  for  the  same  term  that  the  jus- 
tices of  the  peace  in  the  other  counties  of  this  State, 
hold  their  offices,  and  shall  be  removable  in  like  man- 
ner.    N.  Y.  (1821),  40. 

— Provision  shall  be  made  by  law  prescribing  the 
powers,  duties  and  responsibilities  of  any  municipal 
court  that  may  be  established  in  pursuance  of  section 
1,  of  this  article;  and  also  fixing  by  law  the  jurisdic- 
tion of  said  court  so  as  not  to  conflict  with  that  of 
the  several  courts  of  record.  Nev.,  387. 
— The  Recorders  of  the  several  Mayors'  Courts  in 
this  Commonwealth,  shall  be  appointed  for  the  same 
time  and  in  the  same  manner,  as  the  President  Judges 
of  the  several  judicial  districts ;  of  those  now  in  office, 
the  commission  oldest  in  date  shall  expire  on  the 
twenty-seventh  day  of  February,  one  thousand  eight 
hundred  and  forty-one,  and  the  others  every  two 
years  thereafter,  according  to  their  respective  dates; 
those  oldest  in  date  expiring  first.  Pa.,  4G9. 
—The  General  Assembly  may  vest  such  jurisdiction 
as  shall  be  deemed  necessary,  in  Corporation  Courts, 
and  in  the  magistrates  who  may  belong  to  the  corpo- 
rate body.     T?/.,  544. 

— The  Legislature  may  establish  courts  of  limited 
jurisdiction  within  any  incorporated  town  or  city, 
subject  to  appeal  to  the  Circuit  Courts.  W.  Va.,  559. 
— The  Legislature  shall  impose  a  tax  on  all  C'vil  suits 
commenced  or  prosecuted  in  the  Municipal,  Inferior, 
or  Circuit  Courts,  which  shall  constitute  a  fund  to  be 
applied  toward  the  payment  of  the  salary  of  judges. 
Wis.,  567. 


OFFICERS  AND  REPORTERS  OP  COURTS. 

— And  be  it  further  ordained,  That  the  Register  and 
Clerks  in  Chancery,  be  appointed  by  the  Chancellor ; 
the  Clerks  of  the  Supreme  Court  by  the  Judges  of 
the  said  court ;  the  Clerk  of  the  Court  of  Probate, 
by  the  judge  of  said  court;  and  the  Register  and 
Marshal  of  the  Court  of  Admiralty,  by  the  Judge  of 
the  Admiralty.  The  said  marshal,  registers  and 
clerks  to  continue  in  office  during  the  pleasure  of 
those  by  whom  they  are  appointed,  as  aforesaid. 
N.  Y.  (1777),  30. 

— The  Clerk  of  the  Court  of  Oyer  and  Terminer,  and 
General  Sessions  of  the  Peace  in  and  for  the  city  and 
county  of  New  York,  shall  be  appointed  by  the  Court 
of  General  Sessions  of  the  Peace  in  said  city,  and 
hold  his  office  during  the  pleasure  of  said  court; 
and  such  clerks  and  other  officers  of  courts,  whose 
appointment  is  not  herein  provided  for,  shall  be 
appointed  by  the  several  courts,  or  by  the  Governor, 
with  the  consent  of  the  Senate,  as  may  be  directed  by 
law.     JV.  }'.  (1821),  40. 


— Clerks  of  the  Circuit  Courts,  and  of  such  inferior 
courts  as  may  be  by  law  established,  shall  be  elected 
by  the  qualified  electors  in  each  county,  for  the  term 
of  four  years ;  and  may  be  removed  from  office  for 
such  causes  and  in  such  manner  as  may  be  by  law 
prescribed.  Vacancies  in  the  office  of  clerk  shall  be 
filled  by  the  Judge  of  the  Court,  and  the  person  so 
appointed  shall  hold  office  until  the  next  general 
election,  and  until  his  successor  is  elected  and  quali- 
fied ;  Provided,  That  the  General  Assembly  shall 
have  power  to  annex  the  duties  of  clerk  to  the  office 
of  judge  of  any  inferior  court  by  law  established. 
Ala.,  81. 

— The  Supreme  Court  shall  appoint  its  own  Clerk  or 
Clerks,  for  the  term  of  four  years.  The  qualified 
voters  of  each  county  shall  elect  a  Clerk  of  the  Circuit 
Court  for  the  respective  counties,  who  shall  hold  his 
oflice  for  the  term  of  two  years,  and  until  his  succes- 
sor is  elected  and  qualified,  and  Courts  of  Chancery, 
if  any  be  established,  shall  appoint  their  own  Clerks. 
Ark,  91. 

— The  Legislature  shall  provide  for  the  election  of  a 
Clerk  of  the  Supreme  Court,  County  Clerks,  District 
Attorneys,  Sheriffs,  and  other  necessary  officers,  and 
shall  fi.x  by  law  their  duties  and  compensation.  Cal., 
(as  amended  in  18G2). 

— The  Legislature  shall  provide  for  the  speedy  publi- 
cation of  such  opinions  of  the  Supreme  Court  as  it 
may  deem  expedient;  and  all  opinions  shall  be  free 
for  publication  by  any  person.  Cal,  (as  amended  in 
1862.) 

— The  Clerks  of  the  Circuit  Courts  of  the  several  cir- 
cuits of  this  State,  shall  be  elected  by  the  qualified 
voters  in  their  several  counties  at  such  times  and 
places  as  are  now  or  may  be  provided  by  law  :  Pro- 
vided, however,  That  the  Chief  Justice  of  the  Supreme 
Court  and  the  Chancellors  of  the  Court  of  Chancery, 
when  such  courts  shall  be  established,  shall  have  the 
power  to  appoint  the  Clerks  of  their  respective  courts. 
Fl,  135. 

— The  qualified  voters  of  each  county  in  this  State 
shall  elect  a  Clerk  of  the  Circuit  Court,  who  shall 
hold  his  office  for  the  term  of  four  years,  ami  until 
his  successor  shall  have  been  elected  and  qualified, 
who  shall  perform  such  duties  and  receive  such  com- 
pensation as  may  be  prescribed  by  law.  The  Clerks 
of  the  Supreme  court  shall  be  elected  in  each  divis- 
ion, by  the  qualified  electors  thereof,  for  the  term  of 
six  years,  and  until  their  successors  shall  have  been 
elected  and  qualified;  whose  duties  and  compensa- 
tion shall  be  provided  by  law.  III.,  161. 
— The  General  Assembly  shall  provide  by  law  for 
the  speedy  publication  of  the  decisions  of  the  Supreme 
Court  made  under  this  Constitution ;  but  no  judge 
shall  be  allowed  to  report  such  decision.  Ind.,  177. 
—  There  shall  be  elected  by  the  voters  of  the  State, 
a  Clerk  of  the  Supreme  Court,  who  shall  hold  his 
office  four  years,  and  whose  duties  shall  be  prescribed 
by  law.  Ind.,  177. 
— There  shall  be  appointed,  by  the  Justices  of  the 


148 


Supreme  Court,  a  Reporter  and  Clerk  of  said  court, 
who  shall  hold  their  offices  two  years,  and  whose 
duties  shall  be  prescribed  by  law.  Kan.,  200. 
— There  shall  be  elected,  by  the  qualified  voters  of 
this  State,  a  Clerk  of  the  Court  of  Appeals,  who 
shall  hold  his  office,  from  the  first  election,  until  the 
first  Monday  in  August,  1858,  and  thereafter  for  the 
term  of  eight  years  from  and  after  his  election  ;  and 
should  the  General  Assembly  provide  for  holding  the 
Court  of  Appeals  in  any  one  or  more  of  said  districts, 
they  shall  also  provide  for  the  election  of  a  Clerk  by 
the  qualified  voters  of  such  district,  who  shall  hold 
his  office  for  eight  years,  posses.^  the  same  qualifica- 
tions, and  be  subject  to  removal  in  the  same  manner 
as  the  Clerk  of  the  Court  of  Appeals;  but  if  the 
General  Assembly  shall,  at  its  first  or  any  other  ses- 
sion, direct  the  Court  of  Appeals  to  hold  its  sessions 
in  more  than  one  district,  a  Clerk  shall  be  elected  by 
the  qualified  voters  of  such  district.  And  the  Clerk, 
first  provided  for  in  this  section,  shall  be  elected  by 
the  qualified  voters  of  the  other  district  or  districts. 
The  same  principle  shall  be  observed  whenever  the 
Court  shall  be  directed  to  hold  its  sessions  in  either 
of  the  other  districts.  Should  the  number  of  Judges 
be  reduced,  the  term  of  the  office  of  Clerk  shall  be 
six  year."!.     A'^.,  215. 

— No  person  shall  be  eligible  to  the  office  of  Clerk  of 
the  Court  of  Appeals,  unless  he  be  a  citizen  of  the 
United  States,  a  resident  of  the  State  two  years  next 
preceding  his  election,  of  the  age  of  twenty-one 
years,  and  have  a  certificate  from  a  Judge  of  the 
Couri  of  Appeals,  or  a  Judge  of  a  Circuit  Courts  that 
he  has  been  examined  by  the  Clerk  of  his  Court, 
under  his  supervision,  and  that  he  is  qualified  for  the 
office  for  which  he  is  a  candidate.  Ky.,  215. 
— Should  a  vacancy  occur  in  the  office  of  the  Clerk  of 
the  Court  of  Appeals,  the  Governor  shall  issue  a  writ 
of  election,  and  the  qualified  voters  of  the  State,  or  of 
the  district  in  which  the  vacancy  may  occur,  shall 
elect  a  Clerk  of  the  Court  of  Appeals,  to  serve  until 
the  end  of  the  term  for  which  such  Clerk  was  elected  ; 
Provided,  That  when  a  vacancy  shall  occur  from  any 
cause,  or  the  Clerk  be  under  charges  upon  information, 
the  Judges  of  the  Court  of  Appeals  shall  have  power 
to  appoint  a  Clerk,  pro  tern.,  to  perform  the  duties  of 
clerk  until  such  vacancy  shall  be  filled,  or  the  Clerk 
acquitted;  And,  prodded  further,  That  no  writ  of 
election  shall  issue  to  fill  a  vacancy  imless  the  unex- 
pired term  exceed  one  year.  Ky.,  216. 
— No  person  shall  be  eligible  to  the  office  of  Clerk 
unless  he  shall  have  procured  from  a  Judge  of  the 
Court  of  Appeals,  or  a  Judge  of  the  Circuit  Court  a 
certificate  that  he  has  been  examined  by  the  Clerk  • 
of  his  Court,  under  his  supervision,  and  that  he  is 
qualified  for  the  office  for  which  he  is  a  candidate. 
Ky.,  218. 

— The  Clerks  of  the  Court  of  Appeals,  Circuit,  and 
County  Courts,  shall  be  removable  from  office  by  the 
Court  of  Appeals,  upon  information  and  good  cause 
shown  The  Court  shall  be  judges  of  the  fact  as  well 
as  the  law.  Two-thirds  of  the  members  present  must 
concur  in  the  sentence.  Ky.,2\~. 
— Circuit  Court  Clerk  for  each  county,  shall  be 
elected,  whose  term  of  office  shall  be  the  same  as 
that  of  the  Circuit  Judges;  also,  a  County  Court 
Clerk,  an  Attorney,  Surveyor,  Coroner,  and  Jailer, 
for  each  county,  whose  term  of  office  shall  be  the 
same  as  that  of  the  Presiding  Judge  of  the  County 
Court.     Kij.,  218. 

— The  Clerks  of  the  Inferior  Courts  shall  be  elected 
by  the  qualified  voters  of  their  several  districts,  and 
shall  hold  their  offices  during  a  term  of  lour  years. 
La..  232. 

— The  Court  of  Appeals  shall  appoint  its  own  clerk, 
who  shall  hold  his  office  for  six  years,  and  may  be 
re-appointed  at  the  end  thereof;  he  shall  be  subject 
to  removal  by  the  court  for  incompetency,  neglect  of 
duty,  misdemeanor  in  office,  or  such  other  cause  or 
causes  as  may  be  prescribed  by  law.  Md.,  267. 
— The  clerks  of  the  several  courts  created  or  continued 
by  this  Constitution  .shall  have  charge  and  custody  of 
the  records  and  other  papers ;  shall  perform  all  the 


duties  and  be  allowed  the  fees  which  appertain  to 
their  several  offices  as  the  same  now  arc  or  may  here- 
after be  regulated  by  law.  Md.,  266. 
— There  shall  be  a  Clerk  of  the  Circuit  Court  for  each 
county,  who  shall  be  selected  by  a  plurality  of  the 
qualified  voters  of  said  county ;  he  shall  hold  his  office 
for  the  term  of  six  years  from  the  time  of  his  election, 
and  until  a  new  election  is  held  and  his  successor 
duly  qualified ;  he  shall  be  re-eligible  at  the  end  of 
his  term,  and  shall  at  any  time  be  subject  to  removal 
for  willful  neglect  o;  duty,  or  other  misdemeanor  in 
office,  on  conviction  in  a  court  of  law.  In  the  event 
of  any  vacancy  in  the  oflice  of  the  clerk  of  any  of  the 
circuit  courts,  said  vacancy  shall  be  filled  by  the  judge 
of  said  circuit  in  which  said  vacancy  occurs,  until  the 
next  general  election  for  county  officers,  when  a  Clerk 
of  said  Circuit  Court  shall  be  elected  to  serve  for  six 
years  thereafter.     Md.,  268. 

— The  Clerk  of  the  Court  of  Common  Pleas  shah  have 
authority  to  issue  within  said  city  all  marriage  and 
other  licenses  required  by  law,  subject  to  such  pro- 
visions as  the  General  Assembly  have  now  or  may 
hereafter  prescribe,  and  the  Clerk  of  the  Superior 
Court  of  said  city  shall  receive  and  record  all  deeds, 
conveyances  and  other  papers  which  are  required  by 
law  to  be  recorded  in  said  city.  He  shall  also  have 
custody  of  all  papers  connected  with  the  proceedings 
on  the  law  or  equity  side  of  Baltimore  County  Court, 
and  of  the  dockets  thereof,  so  far  as  the  same  have 
relation  to  the  city  of  Baltimore.  Md.,  209. 
— The  Supreme  Court  may  appoint  a  reporter  of  its 
decisions.  The  decisions  of  the  Supreme  Court  shall 
be  in  writing,  and  signed  by  the  judges  concurring 
therein.  Any  judge  dissenting  therefrom,  shall  give 
the  reasons  of  such  dissent  in  writing,  under  his  sig- 
nature. All  such  opinions  shall  be  filed  in  the  office 
of  the  Clerk  of  the  Suprenie  Court.  The  judges  of 
the  Circuit  Court,  within  their  respective  jurisdictions, 
may  fill  vacancies  in  the  office  of  County  Clerk  and 
of  Prosecuting  Attorney;  but  no  Judge  of  the 
Supreme  Court  or  Circuit  Court  shall  exercise  any 
other  power  of  appointment  to  public  office.  Mich., 
306. 

- — It  shall  be  the  duty  of  such  Supreme  Court  to  appoint 
a  reporter  of  its  decisions.  There  shall  be  chosen 
by  the  qualified  electors  of  the  State,  one  Clerk  of  the 
Supreme  Court,  who  .shall  hold  his  office  for  the  term 
of  three  years,  and  until  his  successor  is  duly  elected 
and  qualified ;  and  the  Judges  of  the  Supreme  Court, 
or  a  majority  of  them,  shall  have  the  power  to  fill  any 
vacancy  in  the  office  of  Clerk  of  the  Supreme  Court, 
until  an  election  can  be  regularly  had.  Min.,  324. 
— The  Supreme  Court  and  the  District  Courts  shall 
appoint  their  respective  clerks.  Clerks  of  all  other 
courts  of  record  shall  be  elected  by  the  qualified 
voters  of  the  county,  at  a  general  election,  and  shall 
hold  office  for  the  term  of  four  years  from  and  after 
the  first  Monday  in  January  next  ensuing,  and  until 
their  successors  are  duly  elected  and  qualified.  The 
first  election  of  such  clerks,  after  the  adoption  of  this 
Constitution,  shall  be  at  tlie  general  election  in  the 
year  one  thousand  eight  hundred  and  sixty-six ;  any 
existing  law  of  this  State  to  the  contrary  notwith- 
.standing.     Mo.,  359. 

— No  clerk  of  any  court,  established  by  this  Constitu- 
tion, or  by  any  law  of  this  State,  shall  apply  to  his 
own  use,  from  the  fees  and  emoluments  of  his  office, 
a  greater  sum  than  two  thousand  five  hundred  dol- 
lars for  each  year  of  his  official  term,  after  paying  out 
of  such  fees  and  emoluments  such  amounts  for  depu- 
ties and  assistants  in  his  office  as  the  court  may  deem 
necessary  and  may  allow  ;  but  all  surjilus  of  such  fees 
and  emoluments  over  that  sum,  after  paying  the 
amounts  so  allowed,  shall  be  paid  into  the  county 
treasury  for  the  use  of  the  county.  The  General 
Assembly  shall  pass  such  laws  as  may  be  necessary 
to  carry  into  effect  the  provisions  of  this  section. 
Mo.,  359. 

— The  judges  of  courts  (those  of  probate  excepted) 
shall  appoint  their  respective  clerks,  to  hold  their 
office  during  pleasure ;  and  no  such  clerk  shall  act  as 
an  attorney,  or  be  of  counsel  in  any  cause  in   the 


149 


court  of  which  he  is  clerk,  nor  shall  he  draw  any 
writ  originating  a  civil  action.  N.  II.,  409. 
— The  law  reporter  shall  bo  appointed  by  the  Justices 
of  the  Supreme  Court,  or  a  majority  of  them,  and 
the  chancery  reporter  shall  be  appointed  by  the  Chan- 
cellor. They  shall  hold  their  offices  for  five  years. 
iV:  J.,  419. 

—  The  officers  of  the  Supreme  Court  of  Appeals  and 
of  the  District  Courts  shall  be  appointed  by  the  said 
courts  respectively,  or  by  the  judges  thereof  in  vaca- 
tion. Their  duties,  compensation,  and  tenure  of  office 
shall  be  prescribed  by  law.      Va.,  543. 

— The  judge  or  judges  of  any  court  may  appoint 
such  officers  for  their  respective  courts  as  may  be 
found  necessary,  and  it  shall  be  the  duty  of  the  Gen- 
eral Assembly  to  prescribe  by  law  a  fixed  compensa- 
tion for  all  such  officers.  Md.,  266. 
— The  Clerks  of  the  Supreme  and  Circuit  Courts  and 
States'  Attorneys  shall  be  elected  at  the  first  special 
election  for  Judges.  The  second  election  for  Clerks 
of  the  Supreme  Court  shall  be  held  on  the  first  Mon- 
day of  June,  1855,  and  every  sixth  year  thereafter. 
The  second  election  for  Clerks  of  the  Circuit  Courts, 
and  State's  Attorneys,  shall  be  held  on  the  Tuesday 
next  after  the  first  Monday  of  November,  1852,  and 
every  fourth  year  thereafter.  III.,  161. 
— Prothonotaries  of  the  Supreme  Court  shall  be 
appointed  by  the  said  court  for  the  term  of  three 
years,  if  they  so  long  behave  themselves  well.  Pro- 
thonotaries and  Clerks  of  the  several  other  courts. 
Recorders  of  Deeds  and  Registers  of  Wills,  shall  at 
the  times  and  places  of  election  of  Representatives, 
be  elected  by  the  qualified  electors  of  each  county, 
or  the  districts  over  which  the  jurisdiction  of  said 
courts  extends,  and  shall  be  commissioned  by  the 
Governor.  They  shall  hold  their  offices  for  three 
years,  if  they  shall  so  long  behave  themselves  well, 
and  until  their  successors  shall  be  duly  qualified. 
The  Legislature  shall  provide  by  law  the  number  of 
persons  in  each  county  who  shall  hold  said  offices, 
and  how  many  and  which  of  said  offices  shall  be 
filled  by  one  person.  Vacancies  in  any  of  the  said 
offices  shall  be  filled  by  appointments  to  be  made  by 
the  Governor,  to  continue  until  the  next  general 
election,  and  until  successors  shall  be  elected  and 
qualified  as  aforesaid.  Pa.,  466. 
— Prothonotaries,  clerks  of  the  several  courts,  except 
of  the  Supreme  Court,  Recorders  of  Deeds  and 
Registers  of  Wills,  shall  be  first  elected  under  the 
amended  Constitution,  at  the  election  of  Representa- 
tives, in  the  year  eighteen  hundred  and  thirty-nine, 
in  such  manner  as  may  be  prescribed  by  law.  Pa.,  469. 

-  Judges  of  the  Supreme  Court  shall  appoint  their 
clerks,  who  shall  hold  their  offices  for  the  period  of 
six  years.  Chancellors,  if  Courts  of  Chancery  shall 
be  established,  shall  appoint  their  clerks  and  masters, 
who  shall  hold  their  offices  for  the  period  of  six  years. 
Clerks  of  such  inferior  courts  as  may  be  hereafter 
established,  which  shall  be  required  to  be  holden  in 
the  respective  counties  of  this  State,  shall  be  elected 
by  the  qualified  voters  thereof,  for  the  term  of  four 
years;  they  shall  be  removed  from  office  for  mal- 
feasance, incompetency  or  neglect  of  duty,  in  such 
manner  as  may  be  prescribed  by  law.  Tenn.,  497. 
— The  Supreme  Court  shall  appoint  its  own  clerks, 
who  shall  give  bonds  in  such  manner  as  is  now,  or 
may  hereafter  be  required  by  law ;  shall  hold  their 
offices  for  four  years,  and  shall  be  subject  to  removal 
by  the  said  court  for  good  cause,  entered  on  record  of 
the  minutes  of  said  court.     Tex.,  510. 

— When  a  vacancy  shall  occur  in  the  office  of  clerk 
of  any  court  (except  it  be  a  County  or  Corporation 
Court),  such  court  or  the  judges  thereof,  in  vacation, 
may  appoint  a  clerk  pro  tempore,  who  shall  discharge 
the  duties  of  the  office  until  the  vacancy  is  filled; 
when  such  vacancy  shall  occur  in  the  office  of  a 
clerk  of  a  County  or  Corporation  Court  (if  in  vaca- 
tion), the  presiding  justice  thereof  may  appoint  the 
<;!erk  pro  tempore,  win  shall  discharge  the  duties  of 
the  office  until  the  next  term,  and  then  the  court 
shall  appoint  a  pro  tempore  clerk  to  serve  until  the 
vacancy  shall  be  filled.  Va.,  593. 
38 


— There  shall  be  a  Clerk  of  the  Circuit  Court  chosen 
in  each  county  organized  for  judicial  purposes,  by  the 
qualified  electors  thereof,  who  shall  hold  his  office  for 
two  years,  subject  to  removal  as  shall  be  provided  by 
law.  In  case  of  a  vacancy,  the  Judge  of  the  Circuit 
Court  shall  have  the  power  to  appoint  a  clerk,  until 
the  vacancy  shall  be  filled  by  an  election.  The  clerk 
thus  elected  or  appointed,  shall  give  such  security  as 
the  Legislature  may  require  ;  and  when  elected,  shall 
hold  his  office  for  a  full  term.  The  Supreme  Court 
shall  appoint  its  own  clerk,  and  the  Clerk  of  a  Circuit 
court  may  be  appointed  Clerk  of  the  Supreme  Court. 

Wis.,  566. 

— The  officers  of  the  Supreme  Court  of  Appeals  shall 
be  appointed  by  the  court,  or  by  the  judges  thereof  in 
vacation.  Their  duties,  compensation  and  tenure  of 
office  shall  be  prescribed  by  law.  W.  Va.,  553. 
— The  voters  of  each  county  shall  elect  a  Clerk  of  the 
Circuit  Court,  whose  term  of  office  shall  be  four 
years.  His  duties  and  compensation,  and  the  mode  of 
removing  him  from  office,  shall  be  prescribed  by  law; 
and  when  a  vacancy  shall  occur  in  the  office,  the 
Judge  of  the  Circuit  Court  shall  appoint  a  clerk,  who 
shall  discharge  the  duties  of  the  office  until  the 
vacancy  is  filled.  In  any  case,  in  respect  to  which 
the  clerk  shall  be  so  situated  as  to  make  it  improper 
for  him  to  act,  the  court  shall  appoint  a  substitute. 

W.  Va.,  553. 


COUNTY  CLERKS— CLERKS  OF  COUNTY 

COURTS. 

[County  Clerks  elected.  Their  duties  and  compen- 
sation fixed  by  law.]  County  Clerks  shall  be  ex- 
officio  Clerks  of  the  Courts  of  Record  in  and  for  their 
respective  counties.  Cah,  (as  amended  in  1862.) 
— The  Clerk  of  each  county  organized  for  judicial  pur- 
poses shall  be  the  Clerk  of  the  Circuit  Court  of  such 
county,  and  of  the  Supreme  Court,  when  held  within 
the  same.     Mich.,  306. 

— The  election  of  Clerks  and  Surrogates  in  those 
counties  where  the  terra  of  office  of  the  present  incum- 
bent shall  expire  previous  to  the  general  election  of 
eighteen  hundred  and  forty-five,  shall  be  held  at  the 
general  election  next  ensuing  the  adoption  of  this 
Constitution ;  the  result  of  which  election  shall  be 
ascertained  in  the  manner  now  provided  by  law  for 
the  election  of  Sheriffs.  N.  J.,  421. 
— Clerks  of  counties  shall  be  clerks  of  the  inferior 
courts  of  common  pleas  and  quarter  sessions  of  the 
several  counties,  and  perform  the  duties  and  be  sub- 
ject to  the  regulations  now  required  of  them  by  law, 
until  otherwise  ordained  by  the  Legislature.  N.  J., 
421. 

— There  shall  be  elected  in  each  county,  by  the 
electors  thereof,  one  Clerk  of  the  Court  of  Common 
Pleas,  who  shall  hold  his  office  for  the  term  of  three 
years,  and  until  his  successor  shall  be  elected  and 
qualified.  He  shall,  by  virtue  of  his  office,  be  clerk 
of  all  other  courts  of  record  held  therein ;  but  the 
General  Assembly  may  provide  by  law,  for  the  elec- 
tion of  a  clerk,  with  a  like  term  of  office,  for  each  or 
any  other  of  the  courts  of  record,  and  may  authorize 
the  Judge  of  the  Probate  Court  to  perform  the  duties 
of  clerk  for  his  court,  under  such  regulations  as  may 
be  directed  by  law.  Clerks  of  courts  shall  be  remova- 
ble for  such  cause,  and  in  such  manner,  as  shall  be 
prescribed  by  law.  Ohio,  438. 
— A  County  Clerk  shall  be  elected  in  each  county  for 
the  term  of  two  years,  who  shall  keep  all  the  public 
records,  books,  and  papers  of  the  county,  record  con- 
veyances, and  perform  the  duties  of  Clerk  of  the  Cir- 
cuit and  County  Courts,  and  such  other  duties  as  may 
be  prescribed  by  law ;  but  whenever  the  number  of 
voters  in  the  county  shall  exceed  twelve  hundred, 
the  Legislative  Assembly  may  a\ithorize  the  election 
of  one  person  as  Clerk  of  the  Circuit  Court,  one  per- 
son as  Clerk  of  the  County  Court,  and  one  person 
Recorder  of  Conveyances.     Or.,  455. 


150 


1  g  20.  No  judicial  officer,  except  Justices  of  the  Peace,  shall  receive  to  his 

2  own  use,  any  fees  or  perquisites  of  office. 

1  S  21.  The  Legislature  may  authorize  the  judgments,  decrees  and  decisions 

2  of  any  local  inferior  court  of  record  of  original  civil  jurisdiction,  established 

3  in  a  city,  to  be  removed  for  review  directly  into  the  Court  of  Appeals. 


— There  shall  be  a  Clerk  of  the  District  Court  for 
each  county,  who  shall  be  elected  by  the  qualified 
voters  for  members  of  the  Legislature,  and  who  shall 
hold  his  office  for  four  years,  subject  to  removal  by 
information  or  by  indictment  of  a  grand  jury,  and 
conviction  by  a  petit  jury.  In  case  of  vacancy,  the 
Judge  of  the  District  Court  shall  have  the  power  to 
appoint  a  clerk,  until  a  regular  election  can  be  held. 
Tex.,  511. 

— The  voters  of  each  county  or  corporation  in  which 
a  Circuit  Court  is  held  shall  elect  a  clerk  of  such 
court,  whose  term  of  oflice  shall  be  six  years.  Va. 
543. 

— The  records,  books,  papers,  seals  and  other  property 
and  appurtenances  of  the  former  Circuit  and  County 
Courts,  within  the  State  of  West  Virginia,  shall  be 
transferred  to,  and  remain  in,  the  care  and  custody 
of  the  Circuit  Courts  of  the  respective  counties,  to 
which  all  process  outstanding  at  the  time  this  Con- 
stitution goes  into  operation  shall  be  returned,  and 
by  which  new  process  in  suits  then  pending,  or  pre- 
viously determined,  in  the  said  former  courts,  may 
be  issued  in  proper  cases.  Copies  and  transcripts  of 
the  records  and  proceedings  of  the  said  former  courts 
shall  be  made  and  certified  by  the  courts  having  the 
care  and  custody  of  such  records  and  proceedings, 
or  the  proper  officers  thereof,  and  shall  have  the  same 
force  and  effect  as  if  they  had  been  heretofore  prop- 
erly made  and  certified  by  the  said  former  courts. 
W.  Va.,  558. 


JUDGES    NOT   TO   TRY   CERTAIN    CAUSES, 
NOR  RECEIVE  FEES. 


— No  Judge  .shall  preside  on  the  trial  of  any  cause  in 
the  event  of  which  he  may  be  interested,  or  where 
either  of  the  parties  shall  be  connected  with  him  by 
affinity  or  consanguinity,  within  such  degrees  as  may 
be  prescribed  by  law,  or  in  which  he  may  have  been 
counsel,  or  have  presided  in  any  in.'srior  court,  except 
by  consent  of  all  the  parlies.  In  case  all  or  any  of 
the  Judges  of  the  Supreme  Court  shall  be  thus  dis- 
qualified from  presiding  on  any  cause  or  causes,  the 
Court  or  Judges  thereot,  shall  certify  the  fame  to  the 
Governor  of  the  State,  and  he  shall  immediately  com- 
mission, specially,  the  requisite  number  of  men  of  law 
knowledge,  for  the  trial  and  determination  thereof 
The  same  course  shall  be  pursued  in  the  Circuit  and 
inferior  courts  as  prescribed  in  this  section  for  cases 
of  the  Supreme  Court.  Arh.,  91. 
— Provision  shall  be  made  by  lavf^  for  the  selection, 
by  the  bar,  of  a  fro  tern,  judge  of  the  district  court, 
when  the  judge  is  absent  or  otherwise  unable  or  dis- 
quahfied  to  sit  in  any  case.  Kan.,  201. 
— No  judge  shall  sit  in  any  case  wherein  he  may  be 
interested,  or  where  either  of  the  parties  may  be  con- 
nected with  him  by  affinity  or  consanguinity  within 
such  degrees  as  now  are  or  may  hereafter  be  pre- 
scribed by  law,  or  where  he  shall  have  been  of  coun- 
sel in  the  case.     Md.,  266. 

— No  judge  shall  sit  on  the  trial  of  any  cause  when 
the  parties  or  either  of  them  shall  be  connected  with 
him  by  affinity  or  consanguinity,  or  when  he  may  be 
interested  in  the  same,  except  by  consent  of  the  judge 


and  of  the  parties;  and  whenever  a  quorum  of  said 
court  are  situated  as  aforesaid,  the  Governor  of  the 
State  shall  in  such  case  specially  commission  two  or 
more  men  of  law  knowledge  for  the  determination 
thereof     Miss.,  339. 

— No  Judge  of  the  Supreme  or  inferior  courts  shall 
preside  on  the  trial  of  any  cause  in  the  event  of 
which  he  may  be  interested,  or  whore  either  of  the 
parties  shall  be  connected  with  him  by  affinity  or 
consanguinity  within  such  degrees  as  may  be  pre- 
scribed by  law,  or  in  which  he  may  have  been  of 
counsel,  or  in  which  he  may  have  presided  in  any 
inferior  court,  except  by  consent  of  all  the  parties. 
In  case  all  or  any  of  the  Judges  of  the  Supreme  Court 
shall  be  thus  disqualified  from  presiding  on  the  trial  of 
any  cause  or  causes,  the  court  or  the  judges  thereof 
shall  certify  the  same  to  the  Governor  of  tlie  State,  and 
he  shall  forthwitli  specially  commission  the  requisite 
number  of  men  of  law  knowledge,  for  the  trial  and 
determination  thereof  In  case  of  sickness  of  any  of 
the  judges  of  the  Supreme  or  inferior  court-*,  so  that 
they  or  any  of  them  are  unable  to  attend,  the  Legis- 
ture  shall  be  authorized  to  make  provision  by  the 
general  laws,  that  special  judges  may  be  appointed  to 
attend  said  courts.     Tenn.,  496. 

— No  judge  shall  sit  in  any  case  wherein  he  may  be 
interested,  or  where  either  of  the  parties  may  be  con- 
nected with  him  by  affinity  or  consanguinity  within 
such  degrees  as  may  be  prescribed  by  law,  or  where 
he  shall  have  been  of  counsel  in  the  case.  Tex.,  51 1. 
— When  the  Supreme  Court,  or  any  three  of  its  mem- 
bers, shall  be  thus  disqualified  to  hear  and  determine 
any  ca.se  or  cases  in  said  court,  or  when  no  judgment 
can  be  rendered  in  any  case  or  cases  in  said  court,  by 
reason  of  the  equal  division  of  opinion  of  said  judges, 
the  same  shall  be  certified  to  the  Governor  of  the 
State,  who  shall  immediately  commission  the  requi- 
site number  of  persons,  learned  in  the  law,  for  the 
trial  and  determination  of  said  case  or  cases.  When 
a  Judge  of  the  District  Court  is  thus  disqualified,  the 
parties  may.  by  consen*,  appoint  a  proper  person  to 
try  the  said  case;  or,  upon  their  failing  to  do  so,  a 
competent  person  shall  be  appointed  to  try  the  same 
in  the  county  where  it  is  pending,  m  such  manner  as 
may  be  prescribed  by  law.  And  the  District  Judges 
may  exchange  districts,  or  hold  courts  for  each  other, 
when  they  may  dtem  it  expedient,  and  sha  1  do  so  when 
directed  by  law.  The  disqualification  of  judges  of 
inferior  tribunals  shall  be  remedied,  and  vacancies  in 
their  offices  shall  be  filled  as  prescribed  by  law.  Tex., 
511. 

— No  Justice  of  the  Supreme  Court  shall  sit  as  a 
jndge  or  take  part  in  the  Appellate  Court  on  the  trial 
or  hearing  of  any  case  which  shall  have  been  decided 
by  him  in  the  court  below.  FL,  135. 
— In  all  cases  heard  before  the  Supreme  Court,  as  an 
appellate  court,  the  justice  who  may  have  tried  such 
cause  in  the  court  below,  shall  not  participate  in  the 
decision  thereof  until  the  other  two  jus'jces,  if  present, 
shall  have  failed  to  agree  va.  the  decision  of  such 
cause.     Keh.,  375. 

— When  any  Judge  of  the  Court  of  Appeals  is  so 
situated  in  regard  to  any  case  pending  before  it,  as  to 
make  it  improper  for  him  to  aid  in  the  trial  of  the 
same,  or  is  umler  any  other  disability,  the  remaining 
judges  may  call  to  their  assistance  a  Judge  of  the 
Circuit  Court,  who  shall  act  as  a  Judge  of  the  Court 
of  Appeals  in  the  cases  to  which  such  disability 
relates.      W.  Va.,  553. 


151 

1  S  22.  The  Legislature  shall  provide  for  the  speedy  publication  of  all  statute 

2  laws,  and  of  such  judicial  decisions  as  it  may  deem  expedient.    And  all  laws 

3  and  judicial  decisions  shall  be  free  for  publication  by  any  person. 

1  g  23.  Tribunals  of  conciliation  may  be  established,  with  such  powers  and 

2  duties  as  may  be  prescribed  by  law ;  but  such  tribunals  shall  have  no  power 

3  to  render  judgment  to  be  obligatory  on  the  parties,  except  they  voluntarily 

4  submit  their  matters  in  difference  and  agree  to  abide  the  judgment,  or  assent 

5  thereto,  in  the  presence  of  such  tribunal,  in  such  cases  as  shall  be  prescribed 

6  by  law. 


PUBLICATION  OF  THE  LAWS. 


-  The  Legislature  shall  provide  for  the  speedy  publi- 
cation of  all  statute  laws,  and  of  such  judicial 
decisions  as  it  may  deem  expedient ;  and  all  laws  and 
judicial  decisions  shall  be  free  for  publication  by  any 
person.  CaJ.,  102  ;  Mich.,  304  ;  Wis.,  567. 
— All  laws,  decrees,  regulations,  and  provisions, 
which  from  their  nature  require  publication,  shall  be 
published  in  English  and  Spanish.  C'tl,  105. 
— That  all  laws  of  the  State  and  all  official  writings, 
and  the  executive,  legislative,  and  judicial  proceed- 
ings, shall  be  conducted,  preserved  and  published  in 
no  other  than  the  English  language.  Ill,  168. 
— No  act  shall  take  effect  until  the  same  shall  have 
been  published  and  circulated  in  the  several  counties 
of  the  State  by  authority,  except  in  cases  of  emer- 
gency, which  emergency  shall  be  declared  in  the 
preamble  or  in  the  body  of  the  law.  Ind.,  174. 
— No  law  of  the  General  Assembly,  passed  at  a  regu- 
lar session,  of  a  public  nature  ;  shall  take  effect  until 
the  4th  day  of  July  next  after  the  passage  thereof. 
Laws  passed  at  a  special  session  shall  take  effect 
ninety  days  after  the  adjournment  of  the  General 
Assembly  by  which  they  were  passed.  If  the  General 
Assembly  shall  deem  any  law  of  immediate  import- 
ance, they  may  provide  that  the  same  shall  take 
effect  by  publication  in  the  newspapers  in  the  State. 
Iowa,  186. 

— The  Legislature  shall  prescribe  the  time  when  its 
acts  shall  be  in  force,  and  shall  provide  for  the  speedy 
publication  of  the  same:  and  no  law  of  a  general 
nature  shall  be  in  force  until  the  same  be  pubUshed. 
Kan.,  200. 

— The  laws,  public  records,  and  the  written  judicial 
and  legislative  proceedings  of  the  State,  shall  be  con- 
ducted, promulgated,  and  preserved  in  the  English 
language.     Mich.,  314. 

— No  law  passed  by  the  General  Assembly  .shall  take 
effect  until  the  first  day  of  June  next  after  the  session 
at  which  it  may  be  passed,  unless  it  be  otherwise 
expressly  declared  therein  ;  and  in  case  any  public  law 
is  made  to  take  effect  before  the  said  first  day  of  June, 
the  General  Assembly  shall  provide  for  the  immedi- 
ate publication  of  the  same.  Md.,  263. 
—  No  public  act  shall  take  effect  or  be  in  force  until 
the  expiration  of  ninety  days  from  the  end  of  the 
session  at  which  the  same  is  paSSud,  unless  the  Legis- 


lature shall  otherwise  direct,  by  a  two-thirds  vote  of 
the  members  elected  to  each  House.  Mich.,  303. 
— No  act  shall  take  effect  until  ninety  days  from  the 
end  of  the  session  at  which  the  same  shall  have  been 
passed,  except  in  case  of  emergency ;  which  emer- 
gency shall  be  declared  in  the  preamble  or  in  the 
body  of  the  law.     Or.,  451. 


TRIBUNALS    OF    CONCILIATION.      COURTS 

OF    ARBITRATION. 

— It  shall  be  the  duty  of  the  General  Assembly  to 
pass  such  laws  as  may  be  necessary  and  proper  to 
decide  differences  by  arbitrators  to  be  appointed  by 
the  parties  who  may  choose  that  summary  mode  of 
adjustment.  Ala.,  77  ;  Ky.,  220  ;  La.,  233. 
— Tribunals  for  conciliation  may  be  established,  with 
such  powers  and  duties  as  may  be  prescribed  by  law ; 
but  such  tribunals  shall  have  no  power  to  render 
judgment  to  be  obligatory  on  the  parties,  except  they 
voluntarily  submit  their  matters  in  difference,  and 
agree  to  abide  the  judgment,  or  assent  thereto  in  the 
presence  of  such  tribunal,  in  such  cases  as  shall  be 
prescribed  by  law.  Cal,  102  ;  (nearly  similar),  Ind., 
177. 

— The  Legislature  may  establish  Courts  of  Concilia- 
tion, with  such  powers  and  duties  as  shall  be  pre- 
scribed by  law.     Mich.,  307. 

— The  General  Assembly  may  establish  Courts  of 
Conciliation,  and  prescribe  their  powers  and  duties; 
but  such  courts  shall  not  render  final  judgment,  in 
any  case,  except  upon  submission,  by  the  parties,  of 
the  matter  in  dispute,  and  their  agreement  to  abide 
such  judgment.     Ohio,  438. 

— It  shall  be  the  duty  of  the  Legislature  to  pass  such 
laws  as  may  be  necessary  and  proper  to  decide  differ- 
ences by  arbitration,  when  the  parties  shall  elect  that 
mode  of  trial.     Too.,  516. 

— The  Legislature  shall  pass  laws  for  the  regulation 
of  tribunals  of  conciliation,  defining  their  powers 
and  duties.  Such  tribunals  may  be  established  in 
and  for  any  township,  and  shall  have  power  to  render 
judgment,  to  be  obligatory  on  the  parties,  when  they 
shall  voluntarily  submit  their  matter  in  difference  to 
arbitration,  and  agree  to  abide  the  judgment,  or 
assent  thereto  in  writing.     Wis.,  567. 


152 


1  S  24.  The  Legislature,  at  its  first  session  after  the  adoption  of  this  Constitu- 

2  tion,  shall  provide  for  the  appointment  of  three  Commissioners,  whose  duty  it 

3  shall  be  to  revise,  reform,  simplify,  and  abridge  the  rules  of  practice,  pleadings, 

4  forms  and  proceedings  of  the  courts  of  record  of  this  State,  and  to  report 

5  thereon  to  the  Legislature,  subject  to  their  adoption  and  modification  from 

6  time  to  time. 

1  S  25.  The  Legislature,  at  its  first  session  after  the  adoption  of  this  Oonstitu- 

2  tion,  shall  provide  for  the  organization  of  the  Court  of  Appeals,  and  for  trans- 

3  ferriug  to  it  the  business  pending  in  the  Court  for  the  Correction  of  Errors, 

4  and  for  the  allowance  of  writs  of  error  and  appeals  to  the  Court  of  Appeals, 

5  from  the  judgments  and  decrees  of  the  present  Court  of  Chancery  and  Supreme 

6  Court,  and  of  the  courts  that  may  be  organized  under  this  Constitution. 


CODE. 

— It  shall  be  the  duty  of  the  General  Assembly,  from 
time  to  time,  as  circumstances  may  require,  to  frame 
and  adopt  a  Penal  Code,  founded  on  principles  of 
reformation.    Ala.,  77. 

— It  shall  be  the  duty  of  the  General  Assembly  to 
provide  for  the  carrying  into  effect  of  this  article,  and 
to  provide  for  a  general  system  of  practice  in  all  the 
courts  of  this  State.  Iowa,  1 90. 
— The  General  Assembly,  at  its  first  session  after  the 
adoption  of  this  Constitution,  shall  provide  for  the 
appointment  of  three  commissioners,  and  prescribe 
their  tenure  of  office,  compensation,  and  the  mode  of 
filling  vacancies  in  said  commission.  Ohio,  443. 
— The  said  commissioners  shall  revise,  reform, 
simplify  and  abridge  the  practice,  pleadings,  forms, 
and  proceedings  of  the  Courts  of  record  of  this  State ; 
and,  as  far  as  practicable  and  expedient,  shall  provide 
fbr  the  abolition  of  the  distinct  forms  of  action  at  law^, 
now  in  use,  and  for  the  administration  of  justice  by 
a  uniform  mode  of  proceeding,  without  reference  to 
any  distinction  between  law  and  equity.  Ohio,  443. 
■  -The  proceedings  of  the  Commissioners  shall,  from 
time  to  time,  be  reported  to  the  General  Assembly, 
and  be  subject  to  the  action  of  that  body.     Ohio,  443. 


APPEALS— CERTIORARI. 

— The  General  Assembly  may  authorize  the  judg- 
ments, decrees,  and  decisions,  of  any  local,  inferior 
court  of  record,  of  original,  civil,  or  criminal  jurisdic- 
tion, established  in  a  city,  to  be  removed,  for  revision, 
directly  into  the  Supreme  Court.  lU.,  162. 
— Appeals  and  writs  of  error  may  be  taken  from  the 
Circuit  Court  of  any  county  to  the  Supreme  Court 
held  in  the  division  which  includes  such  county,  or, 
with  the  consent  of  all  the  parties  in  the  cause,  to  the 
Supreme  Court  in  the  next  adjoining  division.  III., 
162. 

— All  appeals  from  Probate  Courts  and  Justices  of 
the  Peace  shall  be  to  the  District  Court.  Kan.,  201. 
— The  right  to  appeal  or  sue  out  a  writ  of  error  to 
the  Court  of  Appeals  shall  remain  as  it  now  exists, 
until  altered  by  law,  hereby  giving  to  the  General 
Assembly  the  power  to  change,  alter,  or  modify  said 
ight     Ky.,  216. 

-The  Legislature,  at  its  first  session,  and  from  time 
o  time  thereafter,  shall  provide  by  law  that  upon  the 


institution  of  each  civil  action  and  other  proceedings, 
and  also  upon  the  perfecting  of  an  appeal  in  any  civil 
action  or  proceeding  in  the  several  courts  of  record  in 
this  State,  a  special  court  fee  or  tax  shall  be  advanced 
to  the  clerks  of  said  courts  respectively  by  the  party 
or  parties  bringing  such  action  or  proceeding,  or  tak- 
ing such  appeal,  and  the  money  so  paid  in,  shall  be 
accounted  for  by  such  clerks,  and  applied  toward  the 
payment  of  the  compensation  of  the  judges  of  said 
courts  as  shall  be  directed  by  law.  Nev.,  388. 
— Final  judgments  in  any  Circuit  Court  may  be 
brought  by  writ  of  error  into  the  Supreme  Court,  or 
directly  into  the  Court  of  Errors  and  Appeals.  N.  J., 
418. 

— The  Judges  of  the  Courts  of  Common  Pleas  shall, 
within  their  respective  counties,  have  like  powers 
with  the  Judges  of  the  Supreme  Court,  to  issue  writs 
of  certiorari  to  the  Ju.stices  of  the  Peace,  and  to  cause 
their  proceedings  to  be  brought  before  them,  and  the 
like  right  and  justice  to  be  done.  Pa.,  465. 
— The  judges  or  justices  of  such  inferior  courts  of  law 
as  the  Legislature  may  establish,  shall  have  power,  in 
all  civil  cases,  to  issue  writs  of  certiorari,  to  remove 
any  cause  or  transcript  thereof,  from  any  inferior 
jurisdiction,  into  said  court  on  sufficient  cause  sup- 
ported by  oath  or  affirmation.  Tenn.,  496. 
— In  all  cases  an  appeal  shall  lie,  under  such  regula- 
tions as  may  be  prescribed  by  law,  from  the  judgment 
or  proceedings  of  a  Justice  or  Recorder,  to  the  Cir- 
cuit Court  of  the  county,  excepting  judgments  of 
Justices  in  assumpsit,  debt,  detinue,  and  trover,  and 
for  fines,  where  the  amount  does  not  exceed  ten  dol- 
lars, exclusive  of  interest  and  costs,  and  where  the 
case  does  not  involve  the  freedom  of  a  person,  the 
validity  of  a  law,  or  the  right  of  corporation  or 
county  to  levy  tolls  or  taxes.  W.  Va.,  555. 
— It  [the  Superior  court]  shall  have  power  to  correct 
errors  in  inferior  judicatories  by  writ  of  certiorari,  and 
to  grant  new  trials  in  the  Superior  Court  on  proper 
and  legal  grounds.     Oa.,  149. 

— All  suits,  pleas,  plaints,  and  other  proceedings 
pending  in  any  Court  of  Record,  or  Justice's  Court, 
may  be  prosecuted  to  final  judgment  and  execution ; 
and  all  appeals,  writs  of  error,  certiorari,  injunctions, 
or  other  proceedings  whatever,  may  progress  and  be 
carried  on  as  if  this  Constitution  had  not  been 
adopted,  and  the  Legislature  shall  direct  the  mode  in 
which  such  suits,  pleas,  plaints,  prosecutions  and 
other  proceedings,  and  all  papers,  records,  books,  and 
documents  connected  therewith,  may  be  removed  to 
the  courts  established  by  this  Constitution.  Kan., 
207. 


153 


WRITS  OP  ERROR. 

— No  writ  of  error  shall  be  brought  upon  any  judg- 
ment heretofore  confessed,  entered,  or  i-endered,  but 
within  five  years  from  this  time;  nor  upon  any  judg- 
ment hereafter  to  be  confessed,  entered,  or  rendered, 
but  within  five  years  after  the  confessing,  entering, 
or  rendering  thereof;  unless  the  person  entitled  to 
such  writ  be  an  infant,  ferae  covert,  tion  compos  mentis, 
or  a  prisoner,  and  then  within  five  years  exclusive  of 
the  tiine  of  such  disability.  Del.,  124. 
— The  General  Assembly  may  pass  laws  authorizing 
writs  of  error  in  criminal  or  penal  cases,  and  regulat- 
ing the  right  of  challenge  of  jurors  therein.  Ky.,  212. 
— When  a  writ  of  error  shall  be  brought,  no  justice 
who  has  given  a  judicial  opinion,  in  the  cause,  in 
favor  of  or  against  any  error  complained  of,  shall  sit 
as  a  member,  or  have  a  voice  on  the  hearing,  or  for 
its  affirmance  or  reversal;  but  the  reasons  for  such 
opinion  shall  be  assigned  to  the  court  in  writing. 
N.  J.,  417. 


STYLE    OF    WRITS,    PROCESS   AND    PRO- 
CEEDINGS 


— And  that  all  writs  and  other  proceedings  sliall  run 
in  the  name  of  7'he  People  of  the  Slate  of  New  York, 
and  be  tested  in  the  name  of  the  chancellor,  or  chief 
judge  of  the  court  from  whence  they  shall  issue.  N. 
Y.  (1777).  31. 

— The  style  of  all  process  shall  be.  The  Stale  of ; 

and  all  prosecutions  shall  be  carried  on  in  the  name, 

and  by  the  authority  of  the  State  of ,  and  shall 

conclude,  against  the  peace  and  dignity  of  the  same. 

Ala.,  81 ;  La.,  231 ;  (nearly  similar),  Ky.,  215. 

— All  writs  and  other  process  shall  run  in  the  name 

of  the  "  State  of ,"  and  bear  test  and  be  signed 

by  the  Clerks  of  the  respective  courts  from  which 
they  issue.     Indictments  shall  conclude  "  against  the 

peace  and  dignity  of  the  State  of ."     Ark.,  92. 

— The  style  of  all  process  shall  be,  "  The  People  of 
the  State  of ,"  all  the  prosecutions  shall  be  con- 
ducted in  the  name  and  by  the  authority  of  the  same. 
Cal,  102;  Iowa,  189;  (nearly  similar),  Kan.,  201. 
— The  style  in  all  process  and  public  acts  shall  be, 

"  The  State  of ."    Prosecutions  shall  be  carried  on  in 

the  name  of  the  State.     Dd.,  124;  Jii«s.,  339 ;  Nev., 
387 ;    ITts.,  567. 

—The  style  of  all  process  shall  be  "  The  State  of ,'' 

and  all  criminal  prosecutions  shall  be  carried  on  in 
the  name  of  the  State,  and  all  indictments  shall  con- 
cl  ude,  "  against  the  peace  and  dignity  of  the  same." 
A  a.,  135;  (nearly  similar,)  Ohio,  438;  S.  C,  48G; 
Tex.,  51 U 
—  An  process,  writs,  and  other  proceedings,  shall  run 

in  the  name  of  "  The  People  of  the  State  of ." 

AH  prosecutions  shall  be  carried  on  "la  the  name  and 

by   the  authority   of  the  People  of  the  Slate  of ," 

and  conclude   "  against  the  peace  and  dignity  of  the 

same."   III.,  161. 

— All  criminal  prosecutions  shall  be  carried  on  in  the 


name  and  by  the  authority  of  the  State,   and   the 

style  of  all   process  shall  be,   "  The  State  of .'' 

Ind.,  177. 

—All  writs  issuing  out  of  the  clerk's  office  in  any  of 

the  courts  of  law,  shall  be  in  the  name  of  the  Com- 

monwealih  of ;  they  shall  be  under  the  seal  of 

the  court  from  whence  they  issue ;   they  shall  bear 
test  of  the  first  justice  of  the  court  to  which  they  shall 
be  returnable  who  is  not  a  party,  and  be  signed  by 
the  clerk  of  such  court.     Mass.,  293. 
— The  style  of  all  process  shall  be,  "  In  the  name  of 

the  People  of  the  State  of ."     Mich.,  307. 

— Legal  pleadings  and  proceedings  in  the  courts  of 
this  State  shall  be  under  the  direction  of  the  Legisla- 
ture.    The  style  of  all  process  shall  be  "  The  State  of 

,"  and  all  indictments  shall  conclude    "  against 

the  peace  and  dignity  of  the  State  of  Minnesota." 
Min.,  325. 

— All  writs  and  process  .shall  run,  and  all  prosecutions 
shall  be  conducted,   in  the  name  of  the    "  State  of 

;"  all  writs  shall  be  tested  by  the  clerk  of  the 

court  from   which    they    shall    be   issued ;    and   all 
indictments  shall  conclude   "against  the  peace  and 
dignity  of  the  State."     Mo.,  359. 
— All  process,  writs,  and  other  proceedings  shall  run 

in  the  name  of  "  The  People  of  the  State  of ." 

Neb.,  375. 

— All  writs  issuing  out  of  the  clerk's  office  in  any  of 

the  courts  of  law,  shall  be  in  the  name  of  the  State 

of ;  shall  be  under  the  seal  of  the  court  whence 

they  issue,  and  bear  teste  of  the  chief,  first  or  senior 
justice  of  the  court ;  but  when  such  justice  shall  be 
interested,  then  the  writ  shall  bear  the  teste  of  some 
other  justice  of  the  court,  to  which  the  same  shall 
be  returnable ;  and  be  signed  by  the  clerk  of  such 
court.     N.  H.,  409. 

— All  indictments,  presentments  and  informations 
shall  conclude  against  the  peace  and  dignity  of  the 
State.     N.  K,  409. 

— All  writs  shall  be  in  the  name  of  the  State;  and 
all  indictments  shall  conclude  in  the  following  man- 
ner, viz. :  •'  agamst  the  peace  of  this  State,  the  govern- 
ment and  dignity  of  the  same."  N.  J.,  420. 
— All  writs  shall  run  in  the  same  manner,  and  bear 
test,  and  be  signed  by  the  clerks  of  the  respective 
courts.  Indictments  shall  conclude  against  the  peace 
and  dignity  of  the  State.  N.  C,  426.,  Tenn.,  497. 
— The  style  of  all  process  shall  be  "The  Common- 
wealth of ."     All  prosecutions  shall  be  carried  on 

in  the  name  and  by  the  authority  of  the  Common- 
wealth of ,  and  conclude,  "  against  the  peace  and 

dignity  of  the  same."     Pa.,  465. 

— All  prosecutions  shM  .commence.  By  the  authority 

of  the  Slate  of ;  all  indictments  shall  conclude 

with  these  words:  against  the  peace  and  dignity  of  the 
State;  and  all  fines  shall  be  proportioned  to  the 
offenses.      Vt.,  52G. 

— Writs  shall  run  in  the  name  of  the  Commonwealth 
of— — ,  and  be  attested  by  the  clerks  of  the  several 
courts.  Indictments  shall  conclude,  "against  the  peace 
and  dignity  of  the  Commonwealtli."  Va.,  543. 
— Writs,  grants  and  commissions,  issued  under  State 
authority,  shall  run  in  the  name  of,  and  official  bonds 
shall  be  maile  payable  to  "  The  Stale  of ."  In- 
dictments shall  conclude  "  against  the  peace  and  dig- 
nity of  the  State  of ."     W.  Va.,  546. 


39 


154 
AETIOLE  VII. 

1  51.  After  paying  the  expenses  of  collection,  superintendence  and  ordinary 

2  repairs,  there  shall  be  appropriated  and  set  apart  in  each  fiscal  year,  out  of 

3  the  revenues  of  the  State  canals,  in  each  year,  commencing  on  the  first  day 

4  of  June,  one  thousand  eight  hundred  and  forty-six,  the  sum  of  one  million 

5  and  three  hundred  thousand  dollars,  until  the  first  day  of  June,  one  thousand 

6  eight  hundred  and  fifty-five,  and  from  that  time  the  sum  of  one  million  and 

7  seven  hundred  thousand  dollars  in  each  fiscal  year,  as  a  sinking  fund  to  pay 

8  the  interest  and  redeem  the  principal  of  that  part  of  the  State  debt  called  the 

9  canal  debt,  as  it  existed  at  the  time  first  aforesaid,  and  including  three  huu- 

10  dred  thousand  dollars  then  to  be  borrowed,  until  the  same  shall  be  wholly 

11  paid ;  and  the  principal  and  income  of  the  said  sinking  fund  shall  be  sacredly 

12  applied  to  that  purpose. 

1  S  2-  After  complying  with  the  provisions  of  the  first  section  of  this  article, 

2  there  shall  be  appropriated  and  set  apart  out  of  the  surplus  revenues  of  the 

3  State  canals,  in  each  fiscal  year,  commencing  on  the  first  day  of  June,  one 

4  thousand  eight  hundred  and  forty-six,  the  sum  of  three  hundred  and  fifty 

5  thousand  dollars,  until  the  time  when  a  suSicient  sum  shall  have  been  appro- 

6  priated  and  set  apart,  imder  the  said  first  section,  to  pay  the  interest  and 

7  extinguish  the  entire  principal  of  the  canal  debt ;  and  after  that  period,  then 

8  the  sum  of  one  million  and  five  hundred  thousand  dollars  in  each  fiscal  year, 

9  as  a  sinking  fund,  to  pay  the  interest  and  redeem  the  principal  of  that  part  of 

10  the  State  debt  called  the  general  fund  debt,  including  the  debt  for  loans  of  the 

11  State  credit   to  railroad  companies  which  have  failed  to  pay   the  interest 

12  thereon,  and  also  the  contingent  debt  on  State  sto3ks  loaned  to  incorporated 

13  companies  which  have  hitherto  paid  the  interest  thereon,  whenever  and  as  far 

14  as  any  i)art  thereof  may  become  a  charge  on  the  treasury  or  general  fund, 

15  until  the  same  shall  be  wholly  paid  ;  and  the  principal  and  income  of  the  said 

16  last  mentioned  sinking  fund  shall  be  sacredly  applied  to  the  purpose  aforesaid ; 

17  and  if  the  payment  of  any  part  of  the  moneys  to  the  said  sinking  fund  shall 

18  at  any  time  be  deferred,  by  reason  of  the  priority  recognized  in  the  first  sec- 

19  tion  of  this  article,  the  sum  so  deferred,  with  quarterly  interest  thereon,  at 


155 

20  the  tlien  current  rate,  shall  be  paid  to  the  last  mentioned  sinking  fund,  as  soo 

21  as  it  can  be  done  consistently  with  the  just  rights  of  the  creditors  holding  said 

22  canal  debt. 

1  §3.  After  paying  the  said  expenses  of  collection,  superintendence  and 

2  repairs  of  the  canals,  and  the  sums  appropriated  by  the  first  and  second  sec- 

3  tions  of  this  article,  there  shall  be  appropriated  and  set  apart  in  each  fiscal  year 

4  out  of  the  surplus  revenues  of  the  canals,  as  a  sinking  fund,  a  sum  sufficient 

5  to  pay  the  interest  as  it  falls  due,  and  extinguish  the  principal  within  eighteen 

6  years,  of  any  loan  made  under  this  section  ;  and  if  the  said  sinking  fund  shall 

7  not  be  sufficient  to  redeem  any  part  of  the  principal  at  the  stipulated  times 

8  of  payment,  or  to  pay  any  part  of  the  interest  of  such  loans  as   stipulated, 

9  the  means  to  satisfy  any  such  deficiency  shall  be  procured  on  the  credit  of  the 

10  said  sinking  fund.    After  complying  with  the  foregoing  provisions,  there  shall 

11  be  paid  annually  out  of  said  revenues,  into  the  treasury  of  the  State,  two 

12  hundred  thousand  dollars,  to  defray  the  necessary  expenses  of  government. 

13  The  remainder  shall,  in  each  fiscal  year,  be  applied  to  meet  the  appropriations 

14  for  the  enlargement  and  comi)letion  of  the  canals  mentioned  in  this  section, 

15  until  the  said  canals  shall  be  completed.    In  each  fiscal  year  thereafter  the 

16  remainder  shall  be  disposed  of  in  such  manner  as  the  Legislature  may  direct ; 

17  but  shall  at  no  time  be  anticipated  or  pledged  for  more  than  one  year  in 

18  advance.    The  Legislature  shall,  annually,  during  the  nest  four  years,  appro- 

19  priate  to  the  enlargement  of  the  Erie,  the  Oswego,  the  Cayuga  and  Seneca 

20  canals,  and  to  the  completion  of  the  Black  River  and  Genesee  Valley  canals, 

21  and  for  the  enlargement  of  the  locks  of  the  Ohamplain  canal,  whenever,  from 

22  dilapidation  or  decay,  it  shall  be  necessary  to  rebuild  them,  a  sum  not  exceed- 

23  ing  two  millions  two  hundred  and  fifty  thousand  dollars.     The  remainder  of 

24  the  revenues  of  the  canals,  for  the  current  fiscal  year  in  which  such  appro- 

25  priation  is  made,  shall  be  applied  to  meet  such^appropriation ;  and  if  the  same 

26  shall  be  deemed  insufficient,  the  Legislature  shall,  at  the  same  session,  provide 

27  for  the  deficiency  by  loan.    The  Legislature  shall  also  borrow  one  million  and 

28  five  hundred  thousand  dollars,  to  refund  to  the  holders  of  the  canal  revenue 

29  certificates  issued  under  the  provisions  of  chapter  four  hundred  and  eighty- 


150 

30  five  of  the  laws  of  the  year  one  thonsand  eight  hundred  and  fifty-one,  the 

31  amount  received  into  the  treasury  thereon;  but  no  interest  to  accrue  after 

32  July  first,  one  thousand  eight  hundred  and  fifty-five,  shall  be  paid  on  such 

33  certificates.     The  provisions  of  section  twelve  of  this  article,  requiring  every 

34  law  for  borrowing  money  to  be  submitted  to  the  people,  shall  not  apply  to  the 

35  loans  authorized  by  this  section.    No  part  of  the  revenues  of  the  canals,  or 

36  of  the  funds  borrowed  under  this  section,  shall  be  paid  or  applied  upon  or  in 

37  consequence  of  any  alleged  contract  made  under  chapter  four  hundred  and 

38  eighty  five  of  the  laws  of  the  year  one  thousand  eight  hundred  and  fifty-one, 

39  except  to  pay  for  work  done  or  materials  furnished  prior  to  the  first  day  of 

40  June,  one  thousand  eight  hundred  and  fifty-two.     The  rates  or  toll  on  persons 

41  and  property  transported  on  the  canals  shall  not  be  reduced  below  those  for 

42  the  year  one  thousand  eight  hundred  and  fifty-two,  except  by  the  Canal 

43  Board,  with  the  concurrence  of  the  Legislature.    All  contracts  for  work  or 

44  materials  on  any  canal  shall  be  made  with  the  person  who  shall  offer  to  do  or 

45  provide  the  same  at  the  lowest    price,   with   adequate   security  for  their 

46  performance. 

1  g  4.  The  claims  of  the  State  against  any  incorporated  company  to  pay  the 

2  interest  and  redeem  the  principal  of  the  stock  of  the  State  loaned  or  advanced 

3  to  such  company,  shall  be  fairly  enforced,  and  not  released  or  compromised  ; 

4  and  the  moneys  arising  from  such  claims  shall  be  set  apart  and  applied  as  part 

5  of  the  sinking  fund,  provided  in  the  second  section  of  this  article.     But  the 

6  time  limited  for  the  fulfillment  of  any  condition  of  any  release  or  compromise 

7  heretofore^made  or  provided  for  may  be  extended  by  law. 

1  S  5-  If  '^6  sinking  funds,  or  either  of  them  provided  in  this  article,  shall 

2  prove  insufficient  to  enable  the  State,  on  the  credit  of  such  fund,  to  procure 

3  the  means  to  satisfy  the  claims  of  the  creditors  of  the  State  as  they  become 

4  payable,  the  Legislature  shall,  by  equitable  taxes,  so  increase  the  revenues 

5  of  the  said  funds  as  to  make  them,  respectively,  sufficient  perfectly  to  preserve 

6  the  public  faith.    Every  contribution  or  advance  to  the  canals,  or  their  debt, 

7  from  any  source  other  than  their  direct  revenues,  shall,  with  quarterly  interest, 

8  at  the  rates  then  current,  be  repaid  into  the  treasury,  for  the  use  of  the  State, 


157 
9  out  of  the  canal  revenues,  as  soon  as  it  can  be  done  consistently  with  the  just 
10  rights  of  the  creditors  holding  the  said  canal  debt. 

1  g  G.  The  Legislature  shall  not  sell,  lease  or  otherwise  dispose  of  any  of  the 

2  canals  of  the  State;  but  they  shall  remain  the  property  of  the  State  and 

3  under  its  management  forever. 

1  3  7.  The  Legislature  shall  never  sell  or  dispose  of  the  Salt  Springs  belong- 

2  ing  to  this  State.     The  lands  contiguous  thereto,  and  which  may  be  necessary 

3  and  convenient  for  the  use  of  the  Salt  Springs,  may  be  sold  by  authority  of 

4  law,  and  under  the  direction  of  the  Commissioners  of  the  Land  Office,  for  the 

5  purpose  of  investing  the  moneys  arising  therefrom  in  other  lands  alike  con- 

6  venient.;  but  by  such  sale  and  purchase,  the  aggregate  quantity  of  these 

7  lands  shall  not  be  diminished. 

1  g  8.  No  moneys  shall  ever  be  paid  out  of  the  treasury  of  this  State,  or  any 

2  of  its  funds,  or  any  of  the  funds  under  its  management,  except  in  pursuance 

3  of  an  appropriation  by  law ;  nor  unless  such  payment  be  made  within  two 

4  years  next  after  the  passage  of  such  appropriation  act ;  and  every  such  law, 

5  making  a  new  appropriation  or  continuing  or  reviving  an   appropriation, 
G  shall  distinctly  specify  the  sum  appropriated,  and  the  object  to  which  it 

7  is  to  be  applied ;  and  it  shall  not  be  sufficient  for  such  law  to  refer  to  any 

8  other  law  to  fix  such  sum. 

1  S  9.  The  credit  of  the  State  shall  not,  in  any  manner,  be  given  or  loaned 

2  to  or  in  aid  of  any  individual  association  or  corporation. 

INTERNAL  IMPROVEMENTS.  —The   General   Assembly  shall   encourage   internal 

improvements,    by   passing  liberal   general   laws   of 

— Internal  improvement  shall  be  encouraged  by  the  incorporation  lor  that  purpose.     III.,  164. 

government  of  this  State,  and  it  shall  be  the  duty  of  — Tlie  State  shall  never  be  a  party  in  carrying  on  any 

the  General  Assembly,  as  soon  as  may  be,  to  make  works  of  internal  improvement.     Kan.,  205. 

provision  bylaw  for  ascertaining  the  proper  objects  — So  long  as  the  Board  ol  Internal  Improvement  shall 

of  improvement  in  relation  to  roads,  canals,  and  nav-  be  continued,  the  President  thereof  shall  be  elected 

igable  waters;  and  it  shall  also  be  their  duty  to  provide  by  the  qualified  voters  of  this  Commonwealth,  and 

by   law   for   an   equal,   systematic,    and   economical  hold  the  office  for  the  term  of  four  years,  and  until 

application  of  the  iimds  which  may  be  appropriated  another  be  duly  elected  and  qualified.     The  election 

to  these  objects.     Ark.,  93.  shall  be  held  at  the  same  time  and  be  conducted  in 

— A  liberal  system  of  internal  improvement.',  being  the  same  manner,  as  the  election  of  Governor  of  this 

essential  to  the  development  of  the  resources  of  the  Commonwealth  under  this  Constitution ;  but  nothing 

State,  shall  be  encouraged  by  the  government  of  this  herein  contained  shall  prevent  the  General  Assembly 

State;  and  it  shall  be  the  duty  of  the  General  Assem-  from  abolishing  said  Board  of  Internal  Improvement, 

biy,  as  soon  as  practicable,  to  ascertain  by  law  proper  or  the  office  of  President  thereof     Ky.,  221. 

objects  for  the  extension  of  internal  improvements  in  — There  shall  be  appointed  by  the  Governor  a  State 

relation  to  roads,  canals,  and  navigable  streams,  and  to  Engineer,  skilled  in  the  theory  and  practice  of  his 

provide  for  a  suitable  application  of  such   funds  as  profession,  who  shall  hold  his  office  at  the  seat  of 

may  have  been,   or  may  hereafter  be  appropriated  government  for  the  term   of  four  years.     He  shall 

by  said  General  Assembly  for  such  improvements,  have  the  supei'intendence  and  direction  of  all  public 

FI-,  138.  works  in  which  the  State  may  be  interested,  except 
40 


158 


those  made  by  joint  stock  companies  or  such  as  may  be 
under  the  parochial  or  city  authorities  exclusively  and 
not  in  conflict  with  the  general  laws  of  the  State. 
He  shall  communicate  to  the  General  Assembly, 
through  the  Governor,  annually,  his  views  concerning 
the  same ;  report  upon  the  condition  of  the  public 
works  in  progress,  recommend  sucli  measures  as  in 
his  opinion  the  public  interest  of  the  State  may 
require,  and  shall  perlbrm  such  other  duties  as  may 
be  prescribed  by  law.  Ills  salary  shall  be  five  thou- 
sand dollars  per  annum,  until  otherwise  provided  by 
law.  The  mode  of  appointment,  number  and  salary 
of  his  assistants  shall  be  fixed  by  law.  The  State 
Engineer  and  assistants  shall  give  bonds  for  the  i)er- 
formance  of  their  duties  as  shall  be  prescribed  by  law. 
La.,  236. 

— The  Legislature  hiay  establish  the  price  and  pay  of 
foremen,  mechanics,  laborers  and  others  employed  on 
the  public  works  of  the  State  or  parochial  or  city 
governments;  Provided,1\\vA  the  compensation  to  be 
paid  all  foremen,  mechanics,  cartmen  and  laborers 
employed  on  the  ]iublic  works,  under  the  govern- 
ment of  the  State  of  Louisiana,  City  of  New  Orleans, 
and  the  police  juries  of  the  various  parishes  of  the 
State,  shall  not  be  less  than  as  follows,  viz.:  Fore- 
men, .$3.50  per  day  ;  mechanics,  §3.00  per  day  ;  cart- 
men,  $3.50  per  day ;  laborers,  $2.00  per  day.  La., 
235. 

— Nine  hours  shall  constitute  a  day's  labor  for  all 
mechanics,  artisans  and  laborers  employed  on  public 
works.     La.,  235. 

— The  General  As.sembly  may  create  internal  improve- 
ment districts,  composed  of  one  or  more  parishes, 
and  may  grant  a  right  to  the  citizens  thereof  to  tax 
themselves  tor  their  improvements.  Said  internal 
improvement  districts,  when  created,  shall  have  the 
right  to  select  Commissioners,  shall  have  power 
to  appoint  officers,  fi.\  their  pay  and  regulate  all  mat- 
ters relative  to  the  improvem'ent.s  of  their  districts, 
provided  such  improvements  will  not  conflict  with 
the  general  laws  of  the  State.  La.,  230. 
— The  Governor,  the  Comptroller  of  the  Treasury 
and  the  Treasurer  shall  constitute  the  Board  of  Public 
Works  in  tijis  State ;  they  shall  keep  a  journal  of 
their  proceedings,  and  shall  hoM  regular  sessions  in 
the  city  of  Annapolis  on  the  first  Wednesday  in  Jan- 
uary, April,  July  and  October  in  each  year,  and 
oftener  if  necessary,  at  which  sessions  they  shall  hear 
and  determine  such  matters  as  aftect  the  public 
works  of  the  State,  and  as  the  General  Assembly 
may  confer  upon  them  the  power  to  decide.  Md., 
273. 

— The  Governor,  Comptroller,  and  Treasurer,  shall 
receive  no  additional  salary  tor  services  rendered  by 
them  as  members  of  the  Board  of  Public  Works.  Md., 
273. 

— They  shall  exercise  a  diligent  and  faithful  supervis- 
ion of  all  public  works  in  which  the  State  may  be 
interested  as  stockholder  or  creditor,  and  shall  appoint 
the  directors  in  every  railroad  or  canal  company  in 
which  the  State  has  the  legal  power  to  appoint 
<hrectors,  which  said  directors  shall  represent  the 
State  in  all  meetings  of  the  stockholders  of  every 
railroad  or  canal  company  in  which  the  State  is  a  stock- 
holder ;  they  shall  require  the  directors  of  all  public 
works  from  time  to  time,  and  as  ollen  as  there  shall 
be  any  change  in  the  rates  of  toll  on  any  of  said 
works,  to  furnish  said  Board  of  Public  Works  a 
schedule  of  such  modified  rates  of  toll,  and  shall  use 
all  legal  powers  which  they  may  possess  to  obtain 
the  establishment  of  rates  of  toll  which  may  prevent 
an  injurious  competition  with  each  other  to  the  detri- 
ment of  the  interests  of  the  State ;  and  so  to  adjust 
them  as  to  promote  the  agricultural  interests  of  the 
State  ;  they  shall  report  to  the  General  Assembly  at 
each  regular  session,  and  recommend  such  legislation 
as  they  shall  deem  necessary  and  requisite  to  promote 
or  protect  the  interests  of  the  State  in  the  said  pub- 
lic works ;  they  shall  perform  such  other  duties  as 
may  be  hereafter  prescribed  by  law,  and  a  majority 
of  them  shall  be  competent  to  act.  Md.,  293. 
— The  General  Assembly  shall  have  power  to  receive 


from  the  United  States  any  grant  or  donation  of 
land,  money  or  securities,  for  any  purpose  designated 
by  the  United  States,  and  sliall  admini.ster  or  distri- 
bute the  same,  according  to  the  conditions  of  said 
grant.     Md.,  204. 

I— No  money  from  the  Treasury  shall  be  appropri- 
ated to  objects  of  internal  improvement  unless  a  bill 
for  that  purpose  be  approved  by  two-thirds  of  both 
branches  of  the  Legislature ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  pub- 
lic moneys  shall  be  published  annually.  Mhs.,  3-43. 
— So  long  as  this  State  shall  have  public  works  which 
require  superintendence,  there  shall  be  a  Board  of 
Public  Works,  to  consist  of  three  membiTS,  who 
shall  be  elected  by  the  peojile,  at  the  first  general 
election  after  the  adoption  of  this  Constitution ;  one 
for  the  term  of  one  year,  one  lor  the  term  of  two 
years,  and  one  for  the  term  of  three  years ;  and  one 
member  of  said  Board  shall  be  elected  annually  there- 
after, who  shall  hold  his  office  for  three  years.  Ohio 
4i0. 

—  The  powers  and  duties  of  said  Board  of  Public 
Works  and  its  several  members,  and  their  compensa- 
tion, shall  be  such  as  now  are,  or  may  be  prescribed 
by  law.      Ohio,  440. 

— A  well  regulated  system  of  internal  improvement 
is  calculated  to  develoiie  the  resoui-ces  of  the  State, 
and  promote  the  happiness  and  [irospcrity  of  her  cit- 
izens, therefore  it  ought  to  be  encouraged  by  the 
General  A.ssembly.     Teiin..  490. 

— A  well  regulated  system  of  internal  improvement 
is  calculated  to  develope  the  resources  of  the  State, 
and  promote  the  happiness  and  prosperity  of  her 
citizens.  Therefore  the  Legislature  shall  have  power 
and  it  shall  be  its  duty  to  encourage  the  same ;  and 
the  Legislature  shall  have  power  to  guarantee  the 
bonds  of  railroad  companies  to  any  amount  not 
exceeding  in  any  case  the  sum  of  fifteen  thousand 
dollars  per  mile  ;  Provided,  That  in  no  case  shall  the 
State  guarantee  the  payment  of  the  bonds  of  any 
railroad  company  until  such  company  shall  have  prev- 
iously graded  and  prepared  at  least  twenty-five  miles 
of  its  roadway,  ready  to  lay  the  iron  rails  thereon, 
and  so  on,  continuou.sly,  on  each  additional  section  of 
ten  miles,  so  graded  and  prepared  afier  the  preceding 
section  has  been  finished  and  in  operation,  until  the 
whole  road  shall  lie  completed;  Further  provided. 
That  the  Legislature  shall  require  that  the  company 
or  companies  which  receive  aid  from  the  State,  shall 
use  the  same  exclusively  for  the  purchase  of  iron 
rails,  fastening  and  rolling  stock,  and  placing  the  same 
upon  the  road,  and  upon  the  failure  to  do  so, 
shall  forfeit  all  their  rights  under  this  provision, 
together  with  their  property  and  franchises;  and  it 
shall  be  declared  a  felony  for  any  officer  or  agent  of 
any  railroad  company  to  misap])ropriale  any  funds 
granted  under  the  provisions  of  this  section,  or  any 
other  funds  or  properly  of  the  conipanj'.  The  State 
shall  always  be  secured  for  all  bonds  guaranteed  for 
any  railroad  company,  by  a  first  lien  or  mortgage 
upon  the  road,  rolling  stock,  depots  and  Iranchises  of 
the  corporation,  whose  bonds  may  be  guaranteed. 
The  Legislature  shall  provide  by  law,  that  the  mana- 
gers of  railroad  companies  shall  make  reports  period- 
ically, of  their  acts,  and  the  condition  of  the  corpora- 
lion  aft'airs,  which  shall  be  officially  published  for 
public  information.  And  in  no  case  shall  the  Slate 
guarantee  the  bonds  of  railroad  companies,  as  herein 
provided,  except  by  a  vote  of  two-thirds  of  both 
Houses  of  the  Legislature ;  proviiled  the  Legislature 
shall  have  no  power,  directly  or  indirectly,  to  release 
any  railroad  company  from  the  payment  in  specie,  of 
the  principal  or  interest  of  the  obligations  or  debts 
due  to  the  school  fund  or  to  the  State.  An  act 
entitled  "  An  act  supplemental  an!  amendatory  of  an 
act  to  regulate  railroad  companies,  approved  Feb- 
ruary 7th,  1853,"  approved  21st  December,  1857,  be 
and  the  same  is  hereby  repealed,  and  of  no  further 
effect;  and  the  franchise  or  corporate  privileges  of 
any  incorporated  company  shall  not  be  sold  under 
judgments,  except  for  the  foreclosure  of  mortgages  or 
liens,  created  in  the  manner  prescribed  by  law.     The 


159 


Comptroller  of  the  State  is  authorized  to  take  pos- 
session of  any  railroad,  in  default  of  paying  any 
bonds  which  may  be  guaranteed  by  tha  State,  under 
such  regulations  as  may  be  prescribed  by  law.     Tex., 

— There  shall  be  a  Board  of  Public  Works,  to  consist 
of  three  Commissioners.  The  State  shall  be  divided 
into  three  districts  containing  as  nearly  as  may  be 
equal  number  of  voters,  and  the  voters  of  each  dis- 
trict shall  elect  one  Commissioner,  whose  terra  of 
office  shall  b,i  six  years;  but  of  those  first  elected, 
one  to  be  designated  by  lot,  shall  remain  in  office  for 
two  years  only,  and  one  other,  to  be  designated  in 
like  manner  shall  remain  in  office  for  fourjrears  only. 
Va.,  540. 

— The  General  Assembly  shall  provide  for  the  elec- 
tion and  compensation  of  the  Commissioners,  and 
the  organization  of  the  Board.  The  Commissioners 
first  elected  shall  assemble  on  a  day  to  be  appointed 
by  law,  and  decide  by  lot  the  order  in  which  their 
term  of  service  shall  expire.  Va.,  540. 
— The  Board  of  Public  works  shall  appoint  all  officers 
employed  on  the  jniblic  works,  and  all  persons  repre- 
senting the  interest  of  the  Commonwealth  in  works 
of  internal  improvement,  and  shall  perform  such 
other  duties  as  may  be  prescribed  by  law.  Va.,  540. 
— The  members  of  the  Board  of  Public  Works  may 
be  removed  by  the  concurrent  vote  of  a  majority  of 
all  the  members  elected  to  each  House  of  General 
Assembly;  but  the  cause  of  removal  shall  be  entered 
on  the  journal  of  each  House.  Va.,  540. 
— The  General  Assembly  shall  have  power,  by  a  vote 
of  three-fiftlis  of  the  members  elected  to  each  House, 
to  abolish  said  Board  whenever  in  their  opinion  a 
Board  of  Public  Works  shall  no  longer  be  necessary  ; 
and  until  the  General  Assembly  shall  direct  an  elec- 
tion of  a  Board  of  Public  Works,  after  the  adoption 
of  this  Constitution,  and  such  Board  shall  have  been 
duly  elected  and  qualified,  the  Governor,  Auditor, 
and  Treasurer  of  the  Commonwealth  shall  constitute 
said  Board,  and  shall  exercise  the  authority  and  dis- 
charge the  duties  thereof,  and  the  Secretary  of  the 
Commonwealth  shall  discharge  the  duties  of  the  clerk 
of  said  Board.      Va.,  540. 


CANAL  FUND. 

— Kates  of  toll,  not  less  than  those  agreed  to  by  the 
Canal  Commissioners,  and  set  forth  in  their  report 
to  the  Legislature  of  the  twelfth  of  March,  one  thou- 
sand eight  hundred  and  twenty-one,  shall  be  imposed 
on  and  collected  from  all  parts  of  the  navigable  com- 
munications between  the  great  western  and  northern 
lakes  and  the  Atlantic  ocean,  which  now  are,  or  here- 
after shall  be  made  and  completed ;  and  the  said  tolls, 
together  with  the  duties  on  the  manufacture  of  all  salt, 
as  established  by  the  act  of  the  fifteenth  of  April,  one 
thousand  eiglit  hundred  and  .seventeen  ;  and  the  duties 
on  goods  sold  at  auction,  excepting  therefrom  the 
sum  of  thirty-three  thousand  five  hundred  dollars, 
otherwise  appropriated  by  the  said  act;  and  the 
amount  of  the  revenue,  established  by  the  act  of  the 
Legislature  of  the  thirtieth  of  March,  one  thousand 
eight  hundred  and  twenty,  in  hen  of  the  tax  upon 
steamboat  passengers ;  shall  be  and  remain  inviolably 
appropriated  and  applied  to  the  completion  of  such 
navigable  communications,  and  to  the  payment  of  the 
interest,  and  reimbursement  of  the  capital  of  the 
jnoney  already  borrowed,  or  which  hereafter  shall  be 
borrowed,  to  make  and  complete  the  same.  And 
neither  the  rates  of  toll  on  the  said  navigable  com- 
munications; nor  the  duties  on  the  manufacture  of 
salt  aforesaid ;  nor  the  duties  on  goods  sold  at  auction, 
as  established  by  llie  act  of  the  fifteenth  of  April,  one 
thousand  eight  hundred  and  seventeen ;  nor  the 
amount  of  the  revenue,  established  by  the  act  of 
March  the  thirtieth,  one  thousand  eight  hundred  and 
twenty,  in  lieu  of  the  tax  upon  steamboat  passengers; 
shall  be  reduced  or  diverted,  at  any  time  before  the 
full  and  complete  payment  of  the  principal  and 
interest  of  the  money  borrowed,  or  to  be  borrowed. 


as  aforesaid.  And  the  Legislature  shall  never  sell  or 
dispose  of  the  salt  springs  belonging  to  this  State,  nor 
the  lands  contiguous  tliereto,  which  may  be  neces- 
sary or  convenient  for  their  use.  nor  the  said  naviga- 
ble communications,  or  any  part  or  section  thereof; 
but  the  same  shall  be  and  remain  the  property  of  this 
State.     N.  Y.  (1821),  42. 

— That  the  duties  on  the  manufacture  of  salt,  as 
established  by  the  act  of  the  fifteenth  of  April,  one 
thousand  eight  hundred  and  seventeen,  and  by  the 
tenth  section  of  the  seventh  article  of  the  Constitu- 
tion of  this  State,  may,  at  any  time  hereafter,  be 
reduced  by  an  act  of  the  Legislature  of  this  State ; 
but  shall  not,  while  the  same  is  appropriated  and 
pledged  by  the  said  section,  be  reduced  below  the 
sum  of  six  cents  upon  each  and  every  bushel ;  and 
the  said  duties  shall  remain  inviolably  appropriated 
and  applied  as  is  provided  by  the  said  tenth  section. 
And  that  so  much  of  the  said  tenth  section  of  the 
seventh  article  of  the  Constitution  of  this  State  as  is 
inconsistent  with  this  amendment  be  abrogated. 
N.  Y.  (1821),  45. 


EXTRA  PAYMENT  TO  CONTRACTORS. 

— The  General  Assembly  shall  never  grant  or 
authorize  extra  compensation  to  any  public  officer, 
agent,  servant  or  contractor,  after  the  service  shall 
have  been  rendered,  or  the  contract  entered  into. 
lU.,  154;  (nearly  similar),  Mich.,  303;  Neb.,  373; 
Wis.,  563;  Iowa,  187;  Ohio,  439;  Md.,  263. 


LOAN"  OP  STATE  CREDIT— ASSUMPTION  OP 
LOCAL  DEBTS. 

— Nor  shall  the  debts  or  liabilities  of  any  corporation, 
person,  or  persons  or  other  State,  be  guaranteed  nor 
any  money,  credit,  or  other  thing,  be  loaned  or  given 
away,  except  by  a  like  concurrence  of  each  House ; 
and  the  votes  shall  in  each  case,  be  taken  by  yeas  and 
nays,  and  be  entered  on  the  journals.  Ala.,  78. 
— The  credit  of  the  State  shall  not  be  directly  or  indi- 
rectly loaned  in  any  case.  Me.,  253 ;  Md.,  263 ;  N. 
J.,  414. 

— The  credit  of  the  State  shall  not  in  any  manner  be 
given  or  loaned  to,  or  in  aid  of  any  individuals,  asso- 
ciation, or  corporation  ;  nor  sliall  the  State  directly  or 
indirectly  become  a  stockholder  in  any  association 
or  corporation.  Cal.,  104  ;  Iowa,  190  ;  Ohio,  439. 
— The  General  Assembly  shall  not  pledge  the  fiiith 
and  credit  of  the  State  to  raisie  funds  iu  the  aid  of 
any  corporation  whatever.  Fl.,  139 ;  III.,  154 ;  Min., 
327. 

— The  credit  of  this  Commonwealth  shall  never  be 
given  or  loaned  in  aid  of  any  person,  association, 
municipality,  or  corporation.  Ky.,  212. 
— The  credit  of  the  State  shall  not  be  granted  to,  or 
in  aid  of  any  person,  association,  or  corporation. 
Mich.,  312;  Neb.,  376;  Wis.,  563;  Or.,  457. 
— The  State  shall  not  be  a  party  to,  or  interested  in 
any  work  of  internal  improvement,  nor  engaged  in 
carrying  on  any  such  work,  except  in  the  expendi- 
ture of  grants  to  the  State  or  land  or  other  property. 
Mich.,  312. 

— The  credit  of  the  State  shall  not  be  given  or 
loaned  in  aid  of  any  person,  association,  or  corpora- 
tion ;  nor  shall  the  State  hereafter  become  a  stock- 
holder in  any  corporation  or  association,  except  for 
the  purpose  of  securing  loans  heretofore  extended  to 
certain  railroad  corporations  by  the  State.  Mo.,  362. 
—The  State  shall  never  assume  the  debts  of  any 
county,  town,  city  or  other  corporation  whatever, 
unless  such  debts  have  been  created  to  repel  invasion, 
suppress  insurrection,  or  to  provide  for  the  public 
defense.  Nev.,  389 ;  (nearly  similar).  Pa.,  471  ;  W. 
Va.,  550. 

— The  State  shall  never  assume  the  debts  of  any 
county,  city,  town  or  township,  or  of  any  corpora- 
tion whatever,  unless  such  debt  shall  have  been  ere- 


160 


ated  to  repel  invasion,  suppress  insurrection,  or  defend 
the  State  in  war.  Oliio,  439  ;  Or.,  457. 
— The  State  sliall  never  contract  any  debt  for  pur- 
poses of  internal  improvement.  Ohio,  443. 
— Hereafter  the  State  shall  not  become  a  stockholder 
in  any  bank.  If  the  State  become  a  stockholder  in 
any  association  or  corporation  for  purposes  of  inter- 
nal improvement,  such  stock  shall  be  paid  for  at  the 
time  of  subscribing,  or  a  tax  shall  be  levied  for  the 
ensuing  year,  sufficient  to  pay  the  subscription  in  full. 
W.  Va.,  556. 

— The  credit  of  the  State  shall  not  be  granted  to,  or 
in  aid  of,  any  county,  city,  town,  township,  corpora- 
tion or  person,  nor  shall  the  State  ever  assume  or 
become  responsible  for  the  debts  or  liabilities  of  any 
county,  city,  town,  township,  corporation  or  person, 
unless  incurred  in  time  of  war  or  insurrection  for  the 
benefit  of  the  State.  W.  Va.,  556. 
— The  credit  of  the  Commonwealth  shall  not  in  any 
manner  or  event  be  pledged  or  loaned  to  any  indi- 
vidual, company,  corporation,  or  association;  nor 
shall  the  Commonwealth  hereafter  become  a  joint 
owner  or  stockholder  in  any  company,  association,  or 
corporation.     Pa.,  471. 

--  The  State  shall  not  donate  or  loan  money  on  its 
credit,  or  subscribe  to,  or  be  interested  in  the  stock  of 
any  company,  association,  or  corporation,  except  cor- 
porations formed  for  educational  or  charitable  pur- 
poses.    Nev.,  389. 

— The  Legislature  shall  not  have  power  to  grant  aid 
to  companies  or  associations  of  individuals,  except  to 
charitable  associations,  and  to  such  companies  or  asso- 
ciations as  are  and  shall  be  formed  for  the  exclusive 
purpose  of  making  works  of  internal  improvement, 
■wholly  or  partially  within  the  State,  to  the  extent 
only  of  one-fifth  of  the  capital  of  such  companies,  by 
subscription  in  stock  or  loan  in  money  or  public 
bonds ;  but  any  aid  thus  granted  shall  be  paid  to  the 
company  only  in  the  same  proportion  as  the  remain- 
der of  the  capital  shall  be  actually  paid  in  by  the 
stockholders  of  the  company ;  and  in  case  of  loan 
such  adequate  security  shall  be  required  as  the  Legis- 
lature may  seem  proper.  No  corporation  or  individ- 
ual association,  receiving  the  aid  of  the  State,  as 
herein  provided,  shall  possess  banking  or  discounting 
privileges.     La.,  234. 

— Nor  shall  the  General  Assembly  ever,  on  behalf  of 
the  State,  assume  the  debts  of  any  county,  city, 
town  or  township,  nor  of  any  corporation  whatever. 
Ind.,  179. 

— The  State  shall  not  become  a  stockholder  in  any 
corporation,  nor  shall  it  assume  or  pay  the  debt  or 
liability  of  any  corporation,  unless  incurred  in  time 
of  war,  for  the  benefit  of  the  State.  Iowa,  191. 
— The  General  Assembly  shall  have  no  power  for  any 
purpose  whatever,  to  release  the  lien  held  by  the 
State  upon  any  railroad.  Mo.,  362. 
— No  county  shall  create  any  debts  or  liabilities 
which  shall  singly,  or  in  the  aggregate,  exceed  the 
sum  of  five  thousand  dollars,  except  to  suppress 
insurrection  or  repel  invasion;  but  the  debts  of  any 
county  at  the  time  this  constitution  takes  effect,  shall 
be  disregarded  in  estimating  the  sum  to  which  such 
county  is  limited.     Or.,  457. 


TAXATION— REVENUES. 

— All  lands  liable  to  taxation  in  this  State,  shall  be 
taxedinproportion  to  their  value.  Ala.,  78;  jl/o.,  348. 
— No  power  to  levy  taxes  shall  be  delegated  to  indi- 
viduals or  private  corporations.  Ala.,  78. 
— All  revenue  shall  be  raised  by  taxation  to  be  fixed 
by  law.     Ark.,  93. 

— All  property  subject  to  taxation  shall  be  taxed 
according  to  its  value,  that  value  to  be  ascertained  in 
such  manner  as  the  General  Assembly  shall  direct, 
making  the  same  equal  and  uniform  throughout  the 
State.  No  one  species  of  property,  from  which  a  tax 
may  be  collected,  shall  be  taxed  higher  than  another 
species  of  property  of  equal  value :    Provided,  The 


General  Assembly  shall  have  the  power  to  tax  mer- 
chants, hawkers,  peddlers  and  privileges,  in  such 
nlanner  as  may  from  time  to  time  be  prescribed  by 
law  :  And  provided  furfhcr,  That  no  other  or  greater 
amount  of  revenue  shall  at  any  time  b(;  levied  than 
required  for  the  necessary  expenses  of  tlie  govern- 
ment unless  by  a  concurrence  of  two-thirds  of  both 
Houses  of  the  General  Assembly.  Ark.,  93. 
— No  other  or  greater  tax  shall  be  levied  on  the  pro- 
duction or  labor  of  the  country  than  may  be  required 
for  expenses  of  inspection.  Ark.,  93. 
— Taxation  shall  be  equal  and  uniform  throughout  the 
State.  All  property  in  tliis  State  shall  be  taxed  in 
proportion  to  its  value,  to  be  ascertained  as  directed 
by  law  ;  but  Assessors  and  Collectors  of  town,  county, 
and  State  taxes  shall  be  elected  by  the  qualified 
electors  of  the  district,  county,  or  town  in  which  the 
property  taxed  for  State,  county,  or  town  purposes, 
is  situated.     Cal,  104. 

—The  General  Assembly  shall  devise  and  adopt  a 
system  of  revenue,  having  regard  to  an  equal  and 
uniform  mode  of  taxation  tliroughout  the  State.  Fla., 
137;  (nearly  similar),  Kan.,  214. 
— No  otlier  or  greater  amount  of  tax  or  revenue  shall 
at  any  time  be  levied,  than  may  be  required  for  the 
necessary  expenses  of  the  government.  Fla.,  137. 
— The  specification  of  the  objects  and  subjects  of 
taxation  shall  not  deprive  the  General  Assembly  of 
the  power  to  require  other  objects  or  subjects  to  be 
taxed  in  such  manner  as  may  be  consistent  with  the 
principles  of  ta.xation  fixed  in  this  Constitution.  Ill, 
164. 

— The  General  Assembly  shall  provide  for  levying  a 
tax  by  valuation,  so  that  every  person  and  corpora- 
tion shall  pay  a  tax  in  proportion  to  the  value  of  his 
or  her  property ;  such  value  to  be  ascertained  by 
sonic  person  or  persons  to  be  elected  or  appointed  in 
such  manner  as  the  General  Assembly  shall  direct, 
and  not  otherwise;  but  the  General  Assembly  shall 
have  power  to  tax  peddlers,  auctioneers,  brokers, 
hawkers,  merchants,  commission  merchants,  show- 
men, jugglers,  innkeepers,  grocery  keepers,  toll- 
bridges  and  f(3rries,  and  persons  using  and  exercising 
franchises  and  privileges,  in  such  manner  as  tbey 
shall  from  time  to  .time  direct.  Ill,  163. 
• — The  property  of  the  State  and  counties,  both  real 
and  personal,  and  such  other  property  as  the  General 
Assembly  may  deem  necessary  for  school,  religious 
and  charitable  purposes,  may  be  exempted  from  tax- 
ation.    Ill,  1 63. 

— The  General  Assembly  shall  provide  by  law  for  a 
uniform  and  equal  rate  of  a.ssessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  property,  both  real 
and  personal,  excepting  such  only  for  municipal,  edu- 
cational, literary,  scientific,  religion.?,  or  charitable 
purposes  as  may  be  specially  exempted  by  law. 
Ind.,  178. 

— Every  law  which  imposes,  continues,  or  revives  a 
tax,  shall  distinctly  state  the  tax,  and  the  object  to 
which  it  is  applied ;  and  it  shall  not  be  sufficient  to 
refer  to  any  other  law  to  fix  such  tax  or  object. 
loma,  191. 

— No  tax  shall  be  levied  except  in  pursuance  of  a 
law,  which  shall  distinctly  state  the  object  of  the 
same ;  to  which  object  only  such  tax  shall  be  applied. 
Kan.,  204. 

— A  county  assessor  shall  be  elected  in  each  county 
at  the  same  time  and  for  the  same  term  that  the 
Presiding  Judge  of  the  County  Court  is  elected,  until 
otherwise  provided  for  by  law.  He  shall  have  power 
to  appoint  such  assistants  as  may  be  necessary  and 
proper.     Ky.,  219. 

— Taxation  shall  be  equal  and  uniform  throughout  the 
State.  All  property  shall  be  taxed  in  proportion  to 
its  value,  to  be  ascertained  as  directed  by  law.  The 
General  Assembly  shall  have  power  to  exempt  from 
taxation  property  actually  used  for  church,  school,  or 
charitable  purposes.  The  General  Assembly  shall 
levy  an  income  tax  upon  all  persons  pursuing  any 
occupation,  trade  or  calling,  and  all  such  persons 
shall  obtain  a  license,  as  provided  by  law.     All  tax 


IGl 


on  income  shall  be  pro  rata  on  the  amount  of  income 
or  business  done.     La,  234. 

— And  while  the  |iublio  charges  of  government,  or 
any  part  thereof,  shall  be  assessed  on  polls  and 
estates,  in  the  manner  that  has  hitherto  been  prac- 
ticed, in  order  that  such  assessments  may  be  made 
with  equality,  there  shall  be  a  valuation  of  estates 
within  the  Commonwealth,  taken  anew  once  in  every 
ten  years  at  least,  and  as  much  oftener  as  the  Gen- 
eral Court  shall  oi-der.  Mass.,  28.3. 
— While  the  public  expenses  shall  be  assessed  on 
polls  and  estates,  a  general  valuation  shall  be  taken 
at  least  once  in  ten  years.  Me.,  248. 
— All  taxes  upon  real  estate,  assessed  by  authority  of 
this  State,  shall  be  apportioned  and  assessed  equally, 
according  to  the  just  value  thereof.     Me.,  248. 

The    State  may  continue   to   collect   all   specific 

taxes  accruing  to  the  treasury  under  existing  laws. 
The  Legislature  may  provide  for  the  collection  of 
specific  taxes,  from  banking,  railroad,  plankroad,  and 
other  corporations  hereafter  created.  J/ic/i,312. 
—The  Legislature  shall  provide  an  uniform  rule  of 
taxation,  except  on  property  paying  specific  taxes, 
and  taxes  shall  be  levied  on  such  property  as  shall  be 
prescribed  by  law.     Mich.,  312. 

AH  assessments  hereafter  authorized  shall  be  on 

property  at  its  cash  value.     Mich.,  312. 

The  Legislature  shall  provide  for  an  equalization 

by  a  State  board,  in  the  year  one  thousand  eiglit 
hundred  and  fifty-one,  and  every  fifth  year  there- 
after of  assessments  on  all  taxable  property,  except 
that  paying  specific  taxes.  Mich.,  312. 
— Every  law  which  imposes,  continues,  or  revives  a 
tax,  shall  distinctly  state  the  tax,  and  the  object  to 
which  it  is  to  be  applied ;  and  it  shall  not  be  sufficient 
to  refer  to  any  other  law  to  fix  such  tax  or  object. 
Mich.,  312. 

All  taxes  to  be  raised  in  this  State  shall  be  as  nearly 

equal  as  may  be,  and  all  property  on  which  taxes  are 
to  be  levied  shall  have  a  cash  valuation,  and  be  equal- 
ized and  uniform  throughout  the  State.  Min.,  326. 
— The  Legislature  shall  provide  for  an  annual  tax, 
sufficient  to  defray  the  estimated  expenses  of  the 
State  for  each  year ;  and  whenever  it  shall  happen 
that  such  ordinary  expenses  of.  the  State  for  any 
year  shall  exceed  the  income  of  the  State  for  such 
year,  the  Legislature  shall  provide  for  levying  a  tax 
for  the  ensuing  year  sufficient,  witli  other  sources  of 
income,  to  pay  the  deficiency  of  the  preceding  year, 
together  with  the  estimated  expenses  of  such  ensuing 
year.     Min,,  32G. 

—No  property,  real  or  personal,  shall  be  exempt 
from  taxation,  except  such  as  may  be  used  exclu- 
sively for  public  schools,  and  such  as  may  belong  to 
the  United  States,  to  this  State,  to  counties,  or  to 
municipal  corporations  within  this  State,     Mo.,  362. 

The  Legislature  shall   provide  for  an  annual  tax, 

sufficient  to  defray  the  estimated  expenses  of  the 
State  for  each  year,  and  whenever  the  expenses  of  any 
year  shall  exceed  the  income,  the  Legislature  siiall 
provide  for  levying  a  tax  for  the  ensuing  year,  suffi- 
cient, with  other  sources  of  income,  to  pay  the 
deficiency,  as  well  as  the  expenses  of  such  ensuing 
year.  Neb.,  376 ;  (nearly  similar,  except  the  term  is 
two  years,)  Mev.,  389. 

— The  Legislature  shall  provide  by  law  for  a  uniform 
and  equal  rate  of  assessment  and  taxation,  and  shall 
prescribe  such  regulations  as  shall  secure  a  just  valu- 
ation for  taxation  of  all  property,  real,  personal  or 
possessory,  except  mines  and  mining  claims,  the  pro- 
ceeds of  whicli  alone  shall  be  taxed,  and  also  except- 
ing such  property  as  may  be  exempted  by  law  for 
municipal,  educational,  literary,  scientific,  religious,  or 
charitable  purposes.     Nev.,  389. 

— And  while  the  public  charges  of  government,  or 
any  part  thereof,  shall  be  assessed  on  polls  and  estates 
in  "the  manner  that  has  heretofore  been  practiced,  in 
order  that  such  assessments  may  be  made  with 
equality,  there  shall  be  a  valuation  of  the  estates 
within  the  State,  taken  anew  once  in  every  five 
years  at  least,  and  as  much  oftener  as  the  General 
Court  shall  order.  N.  //,,  402. 
41 


— And  the  inhabitants  of  plantations  and  places  unin- 
corporated, qualified  as  this  Constitutions  provides, 
who  ^re  or  shall  be  required  to  assess  taxes  upon 
themselves  toward  the  support  of  government,  or 
shall  be  taxed  therefor,  shall  have  the  same  privilege 
of  voting  for  Senators  in  the  plantations  and  places 
where  they  reside,  as  the  inhabitants  of  the  respect- 
ive towns  and  parishes  aforesaid  have.  And  the 
meetings  of  such  plantations  and  places  for  that  pur- 
pose shall  be  liolden  annually  in  the  month  of  March, 
at  such  places  respectively  therein  as  the  assessors 
thereof  shall  direct,  which  assessors  shall  have  like 
authority  for  notifying  the  electors,  collecting  and 
returning  the  votes  as  the  selectmen  and  town  clerks 
have  in  their  several  towns,  by  this  Constitution.  N. 
H.,  404. 

— The  General  Assembly  shall  provide  for  raising 
revenue,  sufficient  to  defray  the  expenses  of  the  State, 
for  each  year,  and  also  a  sufficient  sum  to  pay  the 
interest  on  the  State  debt.  Ohio,  442. 
— No  tax  shall  be  levied,  except  in  pursuance  of  law ; 
and  every  law  imposing  a  tax,  shall  state,  distinctly, 
the  object  of  the  same,  to  which  only  it  shall  be 
applied.     Ohio,  443  ;  Or.,  456. 

— The  Legislative  Assembly  shall  provide  liy  law  for 
a  uniform  and  equal  rate  of  assessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  property,  both  real 
and  personal,  excepting  such  only  ibr  municipal,  edu- 
cational, literary,  scientific,  religious,  or  charitable  pur- 
poses, as  may  be  specially  exempted  by  law.  Or.,  456. 
— Whenever  the  expenses  of  any  fiscal  year  shall 
exceed  the  income,  the  Legislative  Assembly  shall 
provide  for  levying  a  tax  for  the  ensuing  fiscal  year, 
sufficient,  with  other  sources  of  income,  to  pay  the 
deficiency,  as  well  as  the  estimated  expense  of  the 
ensuing  fiscal  year.      Or.,  456. 

— The  General  Assembly  shall,  from  time  to  time, 
provide  for  making  new  valuations  of  property  for 
the  assessment  ot  taxes,  in  such  manner  as  they  may 
deem  best.  A  new  estimate  of  such  property  shall 
be  taken  before  the  first  direct  State  tax,  after  the 
adoption  of  this  Constitution,  shall  be  assessed.  R. 
I.,  476. 

— All  taxes  upon  property,  real  or  personal,  shall  be 
laid  upon  the  actual  value  of  the  property  taxed,  as 
the  same  shall  be  ascertained  by  an  assessment  made 
for  the  purpose  of  laying  such  tax.  In  the  first 
apportionment  which  shall  be  made  under  this  Con- 
stitution, the  amount  of  taxes  shall  be  estimated  from 
the  average  of  the  two  years  next  preceding  such 
apportionment;  but  in  every  subsequent  apportion- 
ment, from  the  average  of  the  ten  years  then  next 
preceding.     iS'.  C,  483. 

— All  lands  liable  to  taxation,  held  by  deed,  grant  or 
entry,  town  lots,  bank  stock,  slaves  between  the 
ages  of  twelve  and  fifteen  years,  and  such  other  pro- 
perty as  the  Legislature  may  from  time  to  time  deem 
expedient,  shall  be  taxable.  All  property  shall  be 
taxed  according  to  its  value;  that  value  to  be  ascer- 
tained in  such  manner  as  the  Legislature  shall  direct, 
so  that  the  same  shall  be  equal  and  uniform  through- 
out the  State.  No  one  species  of  property  from 
which  a  tax  may  be  collected  shall  be  taxed  higher 
than  any  other  species  of  property  of  equal  value. 
But  the  Legislature  shall  have  power  to  tax  mer- 
chants, peddlers,  and  privileges,  in  such  manner  as 
they  may,  from  time  to  time,  direct.  Temn.,  494. 
— No  article  manufactured  of  the  produce  of  this 
State  shall  be  taxed  otherwise  than  to  pay  inspection 
fees.     Tenn.,  409. 

— Taxation  shall  be  equal  and  uniform  throughout  the 
State.  All  property  in  this  State  shall  be  taxed  in 
proportion  to  its  value,  to  be  ascertained  as  directed 
by  law,  except  such  property  as  two-thirds  of  both 
Houses  of  the  Legislature  may  think  proper  to 
exempt  from  taxation.  The  Legislature  shall  have 
power  to  lay  an  income  tax,  and  to  tax  all  persons 
pursuing  any  occupation,  trade  or  profession  ;  Pro- 
vided. That  the  term  occupation  shall  not  be  construed 
to  apply  to  pursuits,  either  agricultural  or  mechani- 
cal.    Tex.,  516. 


ir.2 


1  §  10.  The  State  may,  to  meet  casual  deficits  or  failures  iu  revenues,  or  for 

2  expenses  not  provided  for,  contract  debts,  but  such  debts,  direct  and  contingent, 

3  singly  or  in  the  aggregate,  shall  not  at  any  time  exceed  one  million  of  dollars, 

4  and  the  moneys  arising  from  the  loans  creating  such  debts  shall  l)e  applied  to 

5  the  purpose  for  which  they  were  obtained  or  to  repay  the  debt  so  contracted, 


6  and  to  no  other  purpose  whatever. 

— The  assessor  and  collector  of  taxes  shall  be 
appointed  in  such  manner,  and  under  such  regula- 
tions as  the  Legislature  may  direct.  TI-.c.  516. 
— The  General  Assembly  may  levy  a  tax  on  incomes, 
salaries  and  licenses ;  but  no  tax  shall  be  levied  on 
property  from  which  any  income  so  taxed  is  derived, 
or  the  capital  invested  in  trade  or  business  in  respect 
to  which  the  license  so  taxed  is  i.ssued.  Va.,  538. 
— Taxation  shall  be  eqal  and  uniform  throughout  the 
Commonwealth,  and  all  property  shall  be  taxed  in 
proportion  to  its  value,  which  shall  be  ascertained  in 
such  manner  as  may  be  prescribed  by  law.  Va., 
538. 

— Taxation  shall  be  equal  and  uniform  throughout  the 
State,  ami  all  property,  both  real  and  personal,  shall 
be  taxed  in  proportion  to  its  value,  to  be  ascertained 
as  directed  by  law.  No  one  species  of  property  from 
which  a  tax  may  be  collected,  shall  be  taxed  higher 
than  any  other  species  of  property  of  equal  value  ; 
but  property  used  for  educational,  literary,  scientific, 
religious  or  charitable  purposes,  and  public  property, 
may,  by  law,  be  exempted  from  taxation.  W.  Va.,  556. 
— The  Legislature  shall  provide  for  an  annual  tax, 
sufficient  to  defray  the  estimated  expenses  of  the 
State  for  each  year;  and  whenever  the  ordinary 
■  expenses  of  any  year  shall  exceed  the  income,  shall 
levy  a  tax  for  the  ensuing  year,  sufficient,  with  other 
sources  of  income,  to  pay  the  deficiency,  as  well  as 
the  estimated  e.xpenses  of  such  year.  W.  Va..  556. 
— The  Legislature  shall  provide  for  an  annual  tax 
sufficient  to  defray  the  estimated  expenses  of  the 
State  for  each  year ;  and  whenever  the  expenses  of 
any  year  shall  exceed  the  income,  the  Legislature 
shall  provide  for  levying  a  tax  for  the  ensuing  year, 
sufficient,  with  other  sources  of  income,  to  pay  the 
deficiency,  as  well  as  the  estimated  expenses  of  such 
ensuing  year.      Wis.,  5GS. 

— The  rule  of  taxation  shall  be  uniform,  and  taxes 
shall  be  levied  upon  such  property  as  the  Legislature 
shi>ll  prescribe.      Wis.,  567. 

— [Minute  provisions  relating  to  the  sale  of  lands  for 
taxes].     Ill,  103. 

— The  property  of  all  corporations  for  pecuniary  pro- 
fit now  existing,  or  hereafter  created,  shall  be  subject 
to  taxation,  the  same  as  that  of  individuals.  Lnva,  191. 
— The  Legislature  shall  provide  for  taxing  the  notes 
and  bills  discounted  or  purcha-sed,  moneys  loaned,  and 
other  property,  effects,  or  dues  of  every  description 
(without  deduction),  of  all  banks  now  existing,  or 
hereafter  to  be  created,  and  of  all  bankers;  so  that  all 
property  employed  in  banking  shall  always  bear  a 
burden  of  taxation  equal  to  that  impo.sed  upon  the 
property  of  individuals.  Kan.  204. 
— The  Legislature  shall  provide,  each  year,  for  raising 
revenue  sufficient  to  defray  the  current  expenses  of 
the  State.     Kan.,  204. 

— Laws  shall  be  passed  taxing  all  moneys,  credits, 
investments  in  bonds,  stocks,  joint-stock  companies, 
or  otherwise,  and  also  all  real  and  personal  property, 
according  to  its  true  value  in  money;  but  public 
burying-grounds,  public  school-houses,  public  hos- 
pitals, academies,  colleges,  universities,  and  all  semi- 
naries of  learning,  all  churches,  church  property  used 
for  religious  purposes,  and  houses  of  worship,  insti- 
tutions of  purely  public  charity,  public  property  used 
exclusively  for  any  public  purpose,  and  personal  pro- 
perty to  an  amount  not  exceeJmg  in  value  two  hun- 


dred dollars  for  each  individual,  shall,  by  general  law 
be  exempt  from  taxation.  Min.  326. 
— Laws  shall  be  passed  for  taxing  the  notes  and  bill 
discounted  or  purchased,  moneys  loaned,  and  all 
other  property,  effects,  or  dues  of  every  description, 
of  all  banks,  and  of  all  bankers;  so  that  all  property 
employed  in  banking  shall  always  be  subject  to  a 
taxation  equal  to  that  imposed  on  the  property  of 
individuals.     Min.  327. 

— No  municipal  cor|iorations,  except  cities,  shall  be 
created  by  special  act ;  and  no  city  shall  be  incor- 
porated with  less  than  five  thousand  permanent 
inhabitants,  nor  unless  the  people  thereof,  by  a  direct 
vote  upon  the  question,  shall  have  decided  in  favor 
of  such  corporation.     Mo.,  3G0. 

— The  property  of  corporations,  now  existing  or 
hereafter  created,  shall  forever  be  subject  to  taxation, 
the  same  as  the  property  of  individuals.  iVei.,  377. 
— All  real  property  or  possessory  rights  to  the  same, 
as  well  as  personal  property  iu  this  State,  belonging 
to  corporations  now  existing  or  hereafter  created, 
shall  be  subject  to  taxation  the  same  as  property  of 
individuals;  Pi-ovided,  That  the  property  of  corpora- 
tions formed  for  municipal,  charitable,  religious  or 
educational  purposes,  may  be  exempted  by  law. 
Nev.,  388. 

— Laws  shall  be  passed  taxing,  by  a  uniform  rule,  all 
moneys,  credits,  investments  in  bonds,  stocks,  joint 
stock  companies,  or  otherwise;  and  also  all  real  and 
personal  property,  according  to  its  true  value  in 
money;  but  burying  grounds,  public  school  houses, 
houses  used  exclusively  for  public  worship,  institu- 
tions of  purely  public  charity,  public  property  used 
exclusively  for  any  public  purpose ;  and  personal 
property,  to  an  amount  not  exceeding  in  value  two 
hundred  dollars  for  each  individual,  may,  by  general 
laws,  be  exempted  from  taxation ;  but,  all  such  laws 
shall  be  subject  to  alteration  or  repeal,  and  the  value 
of  all  property  so  exempted  shall  from  time  to  time 
be  ascertained  and  published,  as  may  be  directed  by 
law.     Ohio,  442. 

— The  property  of  corporations,  now  existing  or 
herealtiT  created,  shall  forever  be  subject  to  taxation 
the  same  as  the  p  operty  of  individuals.  Ohio.  443. 
— The  General  Assembly  shall  provide  by  law  for 
taking  the  notes  and  bills  discounted  or  purchased, 
moneys  loaned,  and  all  other  property,  eflects  or  dues 
of  every  description  (without  deduction),  of  all  banks 
now  existing  or  hereafter  created,  and  of  all  bankers, 
so  that  all  property  employed  in  banking  shall  always 
bear  a  burden  of  taxation  equal  to  that  imposed  on 
the  property  of  individuals.      Ohio,  442. 


STATE  DEBTS. 

— The  General  Assembly  shall  not  borrow  or  raise 
money  on  the  credit  of  the  State  (except  for  pur- 
poses of  military  defense  against  actual  or  threatened 
invasion,  rebellion,  or  insurrection),  without  the  con- 
currence of  two-thirds  of  the  members  of  each 
House.     Ala.,  78. 

— Be  it  ordained  hy  the  People  of  the  State  of  Arkansas, 
That  the  Provisional  Governor  who  may  be  elected 
by  this  Convention,  be  authorized  to  negotiate  a  loan 
not  exceeding  $150,003  for  the  Slate  of  Arkansas, 
for  the  purposes  of  government,  till  such   time   as 


163 


•»»■• 


1  S  11.  In  addition  to  the  above  limited  power  to  contract  debts,  the  State 

2  may  contract  debts  to  repel  invasion,  suppress  insurrection,  or  defend  the 

3  State  in  war,  but  the  money  arising  from  the  contracting  of  such  debts,  shall 

4  be  applied  to  the  purpose  for  which  it  was  raised  or  to  repay  such  debts,  and 

5  to  no  other  purpose  whatever. 


there  may  be  funds  in  the  treasury  from  the  ordinary 
sources  of  revenue,  and  that  lie  have  full  authority  to 
pledge  therefor  the  faith  and  credit  of  the  State. 
Ark.,  95. 

— The  Legislature  shall  not  in  any  manner  create  any 
debt  or  debts,  liability  or  liabilities,  which  shall  singly 
or  in  the  aggregate,  with  any  previous  debts  or  lia- 
bilities, exceed  the  sum  of  three  hundred  thousand 
dollars,  except  in  case  of  war,  to  repel  invasion  or 
suppress  insurrection,  unless  the  same  shall  be  author- 
ized by  some  law  for  some  single  object  or  work,  to 
be  distinctly  specified  therein,  which  law  shall  pro- 
vide ways  and  means,  exclusive  of  loans,  for  the 
payment  of  the  interest  of  such  debt  or  liability  as  it 
falls  due,  and  also  pay  and  discharge  the  principal  of 
such  debt  or  liability  within  twenty  years  from  the 
time  of  the  contracting  thereof,  and  shall  be  irrepeal- 
able  until  the  principal  and  interest  thereon  shall  be 
paid  and  discharged  ;  but  no  sueli  law  shall  take 
eflect  until,  at  a  general  election,  it  shall  have  been 
submitted  to  the  people,  and  have  received  a  znajority 
of  all  the  votes  cast  for  and  against  it  at  such  elec- 
tion ;  and  all  money  raised  by  authority  of  such  law 
shall  be  applied  only  to  the  specific  object  therein 
stated,  or  to  the  payment  of  the  debt  thereby  created  ; 
and  such  law  shall  be  published  in  at  least  one  news- 
paper in  each  judicial  district,  if  one  be  published 
therein  throughout  the  State,  for  three  months  next 
preceding  tiie  election  at  which  it  is  submitted  to  the 
people.     Ca'.,  102; /«,  154. 

— The  General  Assembly  shall  provide  for  the  publi- 
cation of  said  law  for  three  months  at  least  before 
the  vote  of  the  people  shall  be  taken  upon  the  same, 
and  provision  shall  be  made,  at  the  time,  for  the  pay- 
ment of  the  interest  annually,  as  it  shall  accrue,  by  a 
tax  levied  for  the  purpose,  or  from  other  sources  of 
revenue ;  which  law,  providing  for  the  payment  of 
such  interest  by  such  tax,  shall  be  irrepealable  until 
such  debt  be  paid :  And  jrrovided,  farther,  That  the 
law  levying  the  tax  shall  be  submitted  to  the  people 
with  the  law  authorizing  the  debt  to  be  contracted. 
in.,  154. 

— There  shall  be  annually  assessed  and  collected,  in 
the  same  manner  as  other  State  revenue  may  be 
assessed  and  collected,  a  tax  of  two  mills  upon  each 
dollar's  worth  of  taxable  property,  in  addition  to  all 
other  taxes,  to  be  applied  as  follows,  to  wit:  The 
fund  so  created  shall  be  kept  separate,  and  .shall,  annu- 
ally, on  the  first  day  of  January,  be  apportioned  and 
paid  over,  pro  rata,  upon  all  such  State  indebteJness, 
other  than  the  canal  and  school  indebtedness,  as  may, 
for  that  purpose,  be  presented  by  the  holders  of  the 
same,  to  be  entered  as  credits  upon,  and,  to  that 
e.xtent,  in  extinguishment  of  the  principal  of  said 
indebtednesi?.     Ill,  167. 

— All  the  revenues  derived  from  the  sale  of  any  of 
the  public  works  belonging  to  the  State,  and  from 
the  net  annual  income  thereof,  and  any  surplus  that 
may,  at  any  time,  remain  in  the  treasury  derived 
from  taxation  for  general  State  purposes,  after  the 
payment  of  the  ordinary  expenses  of  the  government, 
and  of  the  interest  on  bonds  of  the  State,  other  than 
bank  bonds,  shall  be  annually  applied,  under  the 
direction  of  the  General  Assembly,  to  the  payment 
of  the  principal  of  the  public  debt.  lad.,  178. 
— No  law  shall  authorize  any  debt  to  be  contracted 
on  behalf  of  the  State,  except  in  the  following  cases: 
To  meet  casual  deficits  in  the  revenue ;  to  pay  the 
interest  on  the  State  debt;  to  repel  invasion,  suppress 


insurrection,  or  if  hostilities  be  threatened,  provide 
for  the  public  defense.  Ind.,  179. 
— The  State  may  contract  debts  to  supply  casual 
deficits  or  failures  in  revenues,  or  to  meet  expenses 
not  otherwise  provided  for;  but  the  aggregate 
amount  of  such  debts,  direct  and  contingent,  whether 
contracted  by  virtue  of  one  or  more  acts  of  the  Gen- 
eral Assembly,  or  at  different  periods  of  time,  shall 
never  exceed  the  sum  of  two  hundred  and  fifty  thou- 
sand dollars;  and  the  money  arising  from  the  creation 
of  such  debts  shall  be  applied  to  the  purpose  for 
which  it  was  obtained,  or  to  repay  the  debts  so  con- 
tracted, and  to  no  other  purpose  whatever.  Iowa, 
190. 

— In  addition  to  the  above  limited  power  to  contract 
debts,  the  State  may  contract  debts  to  repel  invasion, 
suppress  insurrection,  or  defend  the  State  in  war ;  but 
the  money  arising  from  the  debts  so  contracted  shall 
be  applied  to  the  purpose  for  which  it  was  raised,  or 
to  repay  such  debts,  and  to  no  other  purpose  what- 
ever, /own,  190;  (nearly  similar,)  A'a«.,  205 ;  Mich., 
312;  M«.,  327;  iV6.,  376;  Pa.,  471;  Wis.,ms. 
— Except  the  debts  herein  before  specified  in  this 
article,  no  debt  shall  be  hereafter  contracted  by,  or  on 
behalf  of  this  State,  unless  such  debt  shall  be  autho- 
rized by  some  law  for  some  single  work  or  object,  to 
be  distinctly  specified  therein ;  and  such  law  shall 
impose  and  provide  for  the  collection  of  a  direct 
annu.d  tax,  sufficient  to  pay  the  interest  on  such  debt, 
as  it  falls  due,  and  also  to  pay  and  discharge  the 
principal  of  such  debt,  within  twenty  years  from  the 
time  of  the  contracting  thereof;  but  no  such  law  shall 
take  eftect  until  at  a  general  election  it  shall  have 
been  submitted  to  the  people,  and  have  received  a 
majority  of  all  the  votes  cast  for  or  against  it  at  such 
election;  and  all  the  money  raised  by  authority  of 
sucli  law,  shall  be  applied  only  to  the  specific  object 
therein  stated,  or  to  the  payment  of  the  debt  created 
thereby ;  and  such  law  shall  be  published  in  at  least 
one  newspaper  in  each  county,  if  one  is  published 
therein,  throughout  the  State,  for  three  mouths  pre- 
ceding the  election  at  which  it  is  submitted  to  the 
people.     loida,  190. 

— The  Legislature  may  at  any  time  afler  the  approval 
of  such  law  by  the  people,  if  no  debt  shall  have  been 
contracted  in  pursuance  thereof,  repeal  the  same  ;  and 
may  at  any  time  forbid  the  contracting  of  any  further 
debt  or  liability  under  such  law  ;  but  the  tax  impised 
by  such  law,  in  proportion  to  the  debt  or  liability 
which  may  have  been  contracted  in  pursuance  thereof 
shall  remain  in  force  and  be  irrepealable,  and  be  annu- 
ally collected,  until  the  principal  and  interest  are  fully 
paid.     Iowa,  191. 

— For  the  purpose  of  defraying  extraordinary  expenses 
and  making  public  improvements,  the  State  may  con- 
tract public  debts ;  but  such  debts  shall  never,  in  the 
aggregate,  exceed  one  million  dollars,  except  as  here- 
inafter provided.  Every  such  debt  shall  be  author- 
ized by  law  for  some  purpose  specified  therein,  and 
the  vote  of  a  majority  of  all  the  members  elected  to 
each  House,  to  be  taken  by  the  yeas  and  nays,  shall  be 
necessary  to  the  passage  of  such  law  ;  and  every  such 
law  shall  provide  for  levying  an  annual  tax  sufficient 
to  pay  the  annual  interest  of  such  debt,  and  the  prin- 
cipal thereof,  when  it  shall  become  due  ;  and  shall  spe- 
cifically appropriate  the  proceeds  of  such  taxes  to  the 
payment  of  such  principal  and  interest;  and  such 
appropriation  shall  not  be  repealed,  nor  the  ta.xes 
postponed  or  diminished,  until  the  interest  and  prin- 


164 


cipal  of  such  debts  shall  have  been  wholly  paid. 
Kan.,  204. 

— No  debt  shall  be  contracted  by  the  State  except  as 
herein  piovided,  unless  the  proposed  law  for  creating 
such  debt  shall  first  be  submitted  to  a  direct  vote  of 
the  electors  of  tlie  State  at  some  general  election ; 
and  if  such  proposed  law  shall  he  ratified  by  a 
majority  of  all  the  votes  cast  at  such  general  elec- 
tion, then  it  shall  be  the  duty  of  the  Legislature  next 
after  such  election  to  enact  such  law  and  create  such 
debt,  subject  to  all  the  provisions  and  restrictions 
provided  in  the  preceding  section  of  this  article. 
Kan.,  204. 

— The  General  Assembly  shall  have  no  power  to 
pass  laws  to  diminish  the  resources  of  the  sinking 
fund,  as  now  established  by  law,  until  the  debt  of 
the  State  be  paid,  but  may  pass  laws  to  increase 
them ;  and  the  whole  resources  of  said  fund,  from 
year  to  year,  shall  be  sacredly  set  apart  and  applied 
to  the  payment  of  the  interest  and  ]irincipal  of  the 
State  debt,  and  to  no  other  use  or  purpose,  until  the 
whole  debt  of  the  State  is  fully  paid  and  satisfied. 
Ky.,  212. 

— The  General  Assembly  may  contract  debts  to  meet 
casual  deficits  or  failures  in  the  revenue,  but  such 
debts,  direct  or  contingent,  singly  or  in  the  aggregate, 
shall  not,  at  any  time,  exceed  five  hundred  thousand 
dollars ;  and  the  moneys  arising  from  loans  creating 
such  debts  shall  be  applied  to  the  purposes  for  which 
they  were  obtained,  or  to  repay  sucli  debts;  Pro- 
vided, That  the  State  may  contract  debts  to  repel 
invasion,  suppress  insurrection,  or,  if  hostilities  are 
threatened,  provide  for  the  public  defense.  Ky.,  212. 
— No  act  of  the  General  Assembly  shall  authorize 
any  debt  to  be  contracted  on  behalf  of  the  Common- 
wealth, except  for  the  purposes  mentioned  in  the 
thirty-fifth  section  of  this  article,  unless  provision  be 
made  therein  to  lay  and  collect  an  annual  tax  suffi- 
cient to  pay  the  interest  stipulated,  and  to  discharge 
the  debt  within  thirty  years;  nor  shall  such  act  take 
effect  until  it  shall  liave  been  submitted  to  the  people 
at  a  general  election,  and  shall  have  received  a 
majority  of  all  the  votes  cast  for  or  against  it:  Pro- 
vided.  That  the  General  Assembly  may  contract 
debts,  by  borrowing  money  to  pay  any  part  of  the 
debt  of  the  State,  without  submission  to  the  people, 
and  without  making  provision  in  the  act  authorizing 
the  same  for  a  tax  to  discharge  the  debt  so  contracted, 
or  the  interest  thereon.  Ky.,  212. 
— The  General  Assembly  shall  have  no  power  to  pass 
any  act  or  resolution,  for  tlie  appropriation  of  any 
money,  or  the  creation  of  any  debt,  exceeding  the 
sum  of  one  hundred  dollars,  at  any  one  time,  unless 
the  same,  on  its  final  passage,  shall  be  voted  for  by  a 
majority  of  all  the  members  then  elected  to  each 
branch  6f  the  General  Assembly  ;  and  the  yeas  and 
nays  thereon  entered  ou  the  journal.  Ky.,  212. 
— No  liability  shall  be  contracted  by  the  State  as  above 
mentioned,  unless  the  same  be  authorized  by  some 
law  for  some  single  object  or  work,  to  be  distinctly 
specified  therein,  which  shall  be  passed  by  a  majority 
of  the  members  elected  to  both  Houses  of  the  Gen- 
eral As.sembly ;  and  the  aggregate  amount  of  debts 
and  liabilities  incurred  under  this  and  the  preceding 
article  shall  never,  at  any  time,  exceed  eight  millions 
of  dollars.     La.,  234. 

— Whenever  the  Legislature  shall  contract  a  debt 
exceeding  in  amount  the  sum  of  one  hundred  thou- 
sand dollars,  unless  in  case  of  war,  to  repel  invasion, 
or  suppress  insurrection,  they  shall,  in  tlie  law  creat- 
ing the  debt,  provide  adequate  ways  and  means  for 
the  payment  of  the  current  interest  and  of  the  prin- 
cipal when  the  same  shall  become  due.  And  the  said 
law  shall  be  irrepealable  until  principal  and  interest 
are  fully  paid  and  discharged,  or  unless  the  repealing 
law  contains  some  other  adequate  provisions  for  the 
payment  of  tlie  principal  and  interest  of  the  debt. 
La.,  234. 

— Tlie  Legislature  shall  not  create  any  debt  or  debts, 
liability  or  liabilities  on  behalf  of  the  State,  which 
shall  singly,  or  in  the  aggregate,  with  previous  debts 
and  liabilities  hereafter  incurred   at  any  one  time, 


exceed  three  hundred  thousand  dollars,  except  to 
suppress  insurrection,  to  repel  invasion,  or  for  pur- 
poses of  war;  but  this  amendment  shall  not  be  con- 
strued to  refer  to  any  money  that  has  been,  or  may 
be  deposited  with  this  State  by  the  government  of 
the  United  States,  or  to  any  fund  which  the  State 
shall  hold  in  trust  for  any  Indian  tribe.  J/e.,  253. 
—  No  debt  shall  be  hereafter  contracted  by  the  Gen- 
eral Assembly  unless  such  debts  shall  be  authorized 
by  a  law  providing  for  the  collectior^  of  an  annual  tax 
or  taxes,  suflicient  to  pay  the  interest  on  such  debt  as 
it  falls  due,  and  also  to  discharge  the  principal  thereof 
within  fifteen  years  from  tlie  time  of  contracting  the 
same,  and  the  taxes  laid  for  tliis  purpose  sliall  not  be 
repealed  or  applied  to  any  otlicr  object  until  the  said 
debt  and  interest  thereon  shall  be  fully  discliarged. 
The  credit  of  the  State  shall  not  in  any  manner  be  given 
or  loaned  to  or  in  aid  of  any  association  or  corpora- 
tion, nor  shall  the  General  Assembly  have  the  power 
in  any  mode  to  involve  tlie  State  in  the  construction 
of  works  of  internal  improvement,  nor  in  any  enter- 
prise which  shall  involve  the  faith  or  credit  of  the 
State,  nor  make  any  appropriations  therefor;  and 
they  shall  not  use  or  appropriate  the  proccf^ds  of  the 
internal  improvement  companies,  or  of  the  State  tax 
now  levied,  or  which  may  hereafter  be  levied,  to  pay 
off  the  public  debt,  to  any  other  purpose,  until  the 
interest  and  debt  are  fully  paid,  or  the  sinking  fund 
shall  be  equal  to  the  amount  of  the  outstanding 
debt;  but  the  General  Assembly  may,  without  laying 
a  tax,  borrow  an  amount,  never  to  exceed  litty  thou- 
sand dollars,  to  meet  temporary  deficiencies  in  the 
treasury,  and  may  contract  debts  to  any  amount  that 
may  be  necessary  for  the  defense  of  the  State.  Md., 
2G3. 

— The  Legislature  shall  provide  by  law  a  sinking  fund 
of  at  least  twenty  thousand  dollars  a  year,  to  com- 
mence in  eighteen  hundreil  and  fifty-two,  with  com- 
pound interest  at  the  rate  of  six  per  cent  per  annum, 
and  an  annual  increase  of  at  least  five  per  cent,  to 
be  applied  solely  to  tlie  payment  and  extinguishment 
of  the  principal  of  the  State  debt,  other  than  the 
amounts  due  to  educational  funds,  and  shall  be 
continued  until  the  extinguishment  thereof  The 
unfunded  debt  shall  not  be  funded  or  redeemed  at  a 
value  exceeding  that  established  by  law  in  one  thou- 
sand eight  hundred  and  forty-eight.  Mich.,  311. 
- — The  State  may  contract  debts  to  meet  deficits  in 
revenue.  Such  debts  shall  not  in  the  aggregate  at 
any  one  time  exceed  fifty  thousand  dollars.  The 
moneys  so  raised  shall  be  applied  to  the  purposes  for 
which  they  were  obtained,  or  to  the  payment  of  the 
debts  so  contracted.  Mich.,  311. 
— No  scrip,  certificate,  or  other  evidence  of  State 
indebtedness  shall  be  issued  except  for  the  redemption 
of  stock  previously  issued,  or  for  such  debts  as  are 
expressly  authorized  in  this  Constitution.  Mich.,  312. 
— For  the  purpose  of  defraying  extraordinary  expend- 
itures, the  State  may  contract  public  debts,  but  such 
debts  shall  never,  in  the  aggregate,  exceed  two  hun- 
dred and  fifty  thousand  dollars ;  every  such  debt  shall 
be  authorized  by  law,  for  some  single  object  to  be 
distinctly  specified  therein ;  and  no  such  law  shall 
take  effect  until  it  shall  have  been  pa.ssed  by  the  vote 
of  two-thirds  of  the  members  of  each  branch  of  the 
Legislature,  to  be  recorded  by  yeas  and  nays  on  the 
journals  of  each  House,  respectively;  and  every  such 
law  shall  levy  a  ta.x  annually  sufficient  to  jiay  the 
annual  interest  of  such  delit,  and  also  a  tax  sufficient 
to  pay  the  principal  of  such  debt  within  ten  years 
from  the  final  passage  of  such  law,  and  shall  specially 
appropriate  the  proceeds  of  such  taxes  to  the  payment 
of  such  principal  and  interest;  and  such  appropria- 
tion and  taxes  shall  not  be  repealed,  postponed  or 
diminished  until  the  principal  and  interest  of  such 
debt  shall  have  been  wholly  paid.  [Keb.,  370  ;  ITis., 
5G8,  except  limit  is  $100,000.]  The  State  shall  never 
contract  any  debts  for  works  of  internal  improve- 
ment; or  be  a  party  in  carrying  on  such  works, 
except  in  cases  where  grants  of  land  or  other  prop- 
erty shall  have  been  made  to  the  State,  esjiecially 
dedicated  by  the  grant  to  specific  purposes,   and  in 


105 


such  cases  the  State  shall  devote  thereto  the  avails  of 
such  grants,  iiid  may  pledge  or  appropriate  the  reve- 
nues derived  from  such  works  in  aid  of  their  com- 
pletion.    Min.,  Z'17. 

— All  debts  authorized  by  the  preceding  section  shall 
be  contracted  by  loan  on  State  bonds  of  amounts  not 
less  than  five  hundred  dollars  each,  on  interest,  paya- 
ble within  ten  years  after  the  final  passage  of  the  law 
authorizing  such  debt;  and  such  bonds  shall  not  be 
sold  by  the  State  under  par.  A  correct  registry  of 
all  such  bonds  shall  be  kept  by  the  Treasurer,  in 
numerical  order,  so  as  always  to  exhibit  the  number 
and  amount  unpaid,  and  to  whom  severally  made 
payable,     jl/m.,  327. 

— The  money  arising  from  any  loan  made,  or  debt  or 
liability  contracted,  shall  be  applied  to  the  object 
specified  in  the  act  authorizing  such  debt  or  liability, 
or  to  the  repayment  of  such  debt  or  liability,  and  to 
no  other  purpose  whatever.  Min..  327. 
— No  law  shall  ever  be  passed  to  raise  a  loan  of 
money  upon  the  credit  of  the  State,  or  to  pledge  the 
faith  of  the  State  or  the  payment  or  redemption  of 
any  loan  or  debt,  unless  such  law  be  proposed  in  the 
Senate  or  House  of  Representative*,  and  be  agreed 
to  by  a  majority  of  the  members  of  each  House,  and 
entered  on  their  journals  with  the  yeas  and  nays 
taken  thereon,  and  be  referred  to  the  next  succeeding 
Legislature,  and  published  for  three  months  previous 
to  the  next  regular  election,  in  three  newspapers  of 
the  State ;  and  unless  a  majority  of  each  branch  of 
the  Legislature,  so  elected,  after  such  publication, 
shall  agree  to,  and  pa.ss  such  law ;  and  in  such  case 
the  yeas  and  nays  shall  be  taken,  and  entered  on  the 
journals  of  each  House;  Provided,  That  nothing  in 
this  section  shall  be  so  construed  as  to  prevent  the 
Legislature  from  negotiating  a  further  loan  of  one 
and  a  half  million  of  dollars,  and  vesting  the  same  in 
stock  reserved  to  the  State  by  the  charter  of  the 
Planters'  Bank  ot  the  State  of  Mississippi.  Mlis.,  343. 
— The  State  shall  never  contract  any  debt  for  works 
of  internal  improvement,  or  be  a  party  in  carrying 
on  such  works;  but  whenever  grants  of  lands  or 
other  property  shall  have  been  made  to  the  State, 
especially  dedicated  by  the  grant  to  particular  works 
of  internal  improvement,  the  State  may  carry  on 
such  particular  works,  and  shall  devote  thereto  the 
avails  of  sucli  grants,  and  may  pledge  or  ajipropriate 
the  revenues  derived  from  such  works  in  aid  of  their 
completion.  Neh.,  376;  TIYs.,  5G8. 
— The  Legislature 'shall  not  authorize  the  borrowing 
of  money  or  the  issuance  of  State  bonds  for  any  sum 
exceeding  in  the  aggregate  fifty  thousand  dollars, 
without  sulimitting  a  proposition  therefor  to  a  vote 
of  the  people  for  their  approval  or  rejection,  except 
in  case  of  war,  to  repel  invasion,  or  suppress  insur- 
rection.    Nth.,  373. 

— For  the  pui-pose  of  enabling  the  State  to  transact 
its  business  upon  a  cash  basis  from  its  organization, 
the  State  may  contract  public  debts ;  but  such  debts 
shall  never,  in  the  aggregate,  exclusive  of  interest, 
exceed  the  sum  of  three  hundred  thousand  dollars, 
except  for  the  purpose  of  defraying  extraordinary 
expenses  as  hereinafter  mentioned.  Every  such  debt 
shall  be  authorized  by  law  for  some  purpose  or  pur- 
poses, to  be  distinctly  specified  therein  ;  and  every 
such  law  shall  provide  for  levying  an  annual  ta.x 
sufficient  to  pay  the  interest  semi-annually,  and  the 
principal  within  twenty  years  from  the  passage  of 
such  law,  and  shall  specially  appropriate  the  proceeds 
of  said  taxes  to  the  payment  of  said  principal  and 
interest ;  and  such  appropriation  shall  not  be  repealed, 
nor  the  taxes  postponed  or  diminished  until  the 
principal  and  interest  of  said  debts  shall  have  been 
wholly  paid.  Every  contract  of  indebtedness  entered 
into  or  assumed  by  or  on  behalf  of  the  State,  when 
all  its  debts  and  liabilities  amount  to  said  sum  before 
mentioned,  shall  be  void  and  of  no  effect,  except  in 
cases  of  money  borrowed  to  repel  invasion  or  sup- 
press insurrection,  defend  the  State  in  time  of  war, 
or,  if  hostilities  be  threatened,  to  provide  for  public 
defens.-.     Kev.,  389. 

—For  the  first  three  years  after  the  adoption  of  this 
42 


Constitution,  the  Legislature  shall  not  levy  a  tax  for 
State  purposes  exceeding  one  per  cent  per  annum,  oa 
the  taxable  property  in  the  State;  Provided,  The 
Legislature  may  levy  a  special  tax,  not  exceeding 
one-fourth  of  one  per  cent  per  annum,  which  shall  be 
appropriated  to  the  payment  of  the  indebtedness  of 
the  Territory  of  Nevada,  assumed  by  the  State  of 
Nevada,  and  for  that  purpose  only,  until  all  of  said 
indebtedness  is  paid.  Nev.,  395. 
— The  Legislature  shall  not,  in  any  matter,  create  any 
debt  or  debts,  liability  or  liabilities,  of  the  State, 
which  shall  singly  or  in  the  aggregate,  with  any  pre- 
vious debts  or  liabilities,  at  any  time  exceed  one  hun- 
dred thousand  dollars,  except  for  purposes  of  war,  or 
to  repel  invasion,  or  to  suppress  insurrection,  unless 
the  same  shall  be  authorized  by  a  law  for  some  single 
object  or  work,  to  be  distinctly  specified  therein; 
which  law  shall  provide  tlie  ways  and  means,  exclu- 
sive of  loans,  to  pay  the  interest  of  each  debt  or  lia- 
bility as  it  falls  due,  and  also  to  pay  and  discharge  the 
principal  of  such  debt  or  liability  within  thirty-five 
years  from  the  time  of  t!ie  contracting  thereof,  and 
shall  be  irrepealable  until  such  debt  or  liability,  and 
the  interest  thereon,  are  fully  paid  and  discharged; 
and  no  such  law  shall  take  eflect  until  it  shall,  at  a 
general  election,  have  been  submitted  to  the  people, 
and  have  received  the  sanction  of  a  majority  of  all 
the  votes  cast  for  and  against  it  at  .such  election ;  and 
all  money  to  be  raised  by  the  authority  of  such  law 
shall  be  applied  only  to  the  specific  object  stated 
therein,  and  to  the  payment  of  the  debt  thereby 
created.  This  section  shall  not  be  construed  to  refer 
to  any  money  that  has  been  or  may  be  deposited  with 
this  State  by  the  government  of  the  United  States. 
N.  J.,  415. 

— The  State  may  contract  debts  to  supply  casual 
deficits  or  failures  in  revenues,  or  to  meet  expenses 
not  otherwise  provided  for ;  but  the  aggregate  amount 
of  such  debts,  direct  and  contingent,  whether  con- 
tracted by  virtue  of  one  or  more  acts  of  the  General 
Assembly,  or  at  different  periods  of  time,  .shall  never 
exceed  seven  hundred  and  fifty  thousand  dollars  ;  and 
the  money  arising  from  the  creation  of  such  debts 
shall  be  applied  to  the  purposes  for  which  it  was 
obtained,  or  to  repay  tVie  debts  so  contracted,  and  to 
no  other  purpose  whatever.  0/iw,  439  ;  Pa,  471. 
— In  addition  to  the  above  limited  power,  the  State 
may  contract  debts  to  repel  invasion,  suppress  insur- 
rection, defend  the  State  in  war  or  to  redeem  the 
present  outstanding  indebtedness  of  the  State  ;  but 
the  money  arising  from  the  contracting  of  such  debts, 
shall  be  applied  to  the  purpose  for  which  it  was 
raised,  or  to  repay  such  debts,  and  to  no  other  pur- 
pose whatever;  and  all  debts  incurred  to  redeem  the 
present  outstanding  indebtedness  of  the  Slate  shall 
be  so  contracted  as  to  be  payable  by  the  sinking  fimd, 
hereinafter  provided  for,  as  the  same  shall  accumulate. 
Ohio,  439. 

— Except  the  debts  above  specified,  no  debt  whatever 
shall  hereafter  be  created  b}'  or  on  behalf  of  the 
State.      Ohio,  439. 

— The  faith  of  ths  State  being  pledged  for  the  pay- 
ment of  its  public  debt,  in  order  to  provide  therefor, 
tliere  shall  be  created  a  sinking  fimd,  which  shall  be 
sufficient  to  pay  the  accruing  interest  on  such  debt, 
and  annually  to  reduce  the  principal  thereof,  by  a 
sum  not  less  than  one  hundred  thousand  dollars, 
increased  yearly,  and  each  and  every  year,  by  com- 
pounding, at  the  rate  of  six  per  cent,  per  annum. 
The  said  sinking  fund  shall  consist  of  the  net  annual 
income  of  the  public  works  and  stocks  owned  by  the 
State,  of  any  other  fimds  or  resources  that  are,  or 
may  be,  provided  by  law,  and  of  such  further  sum, 
to  be  raised  by  taxation,  as  may  be  required  for'the 
purposes  aforesaid.      Ohio,  430. 

•  -The  Legislative  Assembly  shall  not,  in  any  manner, 
create  any  debt  or  liablities,  which  shall  singly,  or  in 
the  aggregate,  with  previous  debts  or  liabilities,  exceed 
the  sum  of  fifty  thousand  dollars,  except  in  case  of 
war,  or  to  repel  invasion,  or  suppress  insurrection ; 
and  every  contract  of  indebtedness  entered  mto,  or 
assumed  by  or  on  behalf  of  the  State,  when  all  its 


166 


1  §  12.  Except  the  debts  specified  in  the  tenth  and  eleventh  sections  of  this 

2  article,  no  debt  shall  be  hereafter  contracted  by  or  on  behalf  of  this  State, 

3  unless  such  debt  shall  be  authorized  by  a  law,  for  some  single  work  or  object,  to 

4  be  distinctly  specified  therein ;  and  such  law  shall  impose  and  provide  for 

5  the  collection  of  a  direct  annual  tax  to  pay,  and  sufficient  to  pay  the  interest 
G  on  such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  principal  of 

7  such  debt  within  eighteen  years  from  the  time  of  the  contracting  thereof. 

8  No  such  law  shall  take  effect  until  it  shall  at  a  general  election  have  been 


liabilities  and  debts  amount  to  said  sum,  shall  be  void, 
and  of  no  effect.     Or.,  4.57. 

— The  General  Assembly  shall  have  no  power,  here- 
after, without  the  express  consent  of  the  people,  to 
incur  State  debts  to  an  amount  exceeding  fifty 
thousand  dollars,  except  in  time  of  war,  or  in  case  of 
insurrection  or  invasion;  nor  shall  they,  in  any  case, 
without  such  consent,  pledge  tlie  faith  of  the  State 
for  the  payment  of  the  obligations  of  others.  Tliis 
section  shall  not  be  construed  to  refer  to  any  money 
that  may  be  deposited  with  this  State  by  the  Govern- 
ment of  ihe  United  Sliitcs.  i?.  /.,  476. 
— The  Legislative  Assembly  shall  provide  for  raising 
revenue  suflici'int  to  defray  the  expenses  of  the  State 
for  each  fiscal  year,  and  also  a  sufficient  sum  to  pay 
the  interest  on  the  State  debt,  if  there  be  any. 
Or.,  456. 

— Except  the  debts  above  specified  in  sections  one 
and  two  of  this  article,  no  debt  whatever  shall  be 
created  by  or  on  behalf  of  the  State.  Pa.,  471. 
— To  provide  for  tlie  payment  of  the  present  debt, 
and  any  additional  debt  contracted  as  aforesaid,  the 
Legi.slature  shall,  at  its  first  session  after  the  adoption 
of  this  amendment,  create  a  sinking  fund  which  shall 
be  sufficient  to  pay  the  accruing  interest  on  such 
debt,  and  annually  to  reduce  the  principal  thereof  by 
a  sum  not  less  than  two  hundred  and  fifty  thousand 
dollars,  which  sinking  fund  shall  consist  of  the  net 
annual  income  of  the  public  works,  from  time  to  time 
owned  by  the  State,  or  the  proceeds  of  tlie  sale  of 
the  same  or  any  part  thereof,  and  of  the  income  or 
proceeds  of  sale  of  stocks  owned  by  the  State, 
together  with  other  funds  or  resources  that  may  be 
designated  by  law.  The  said  sinking  fund  may  be 
increased  from  time  to  time  by  assigning  to  it  any 
part  of  the  taxes  or  other  revenues  of  the  State  not 
required  for  the  ordinary  and  current  expenses  of 
government,  and  unless  in  case  of  war,  invasion  or 
insurrection,  no  part  of  the  said  sinking  fund  shall  be 
used  or  applied  otherwise  than  in  extinguishment  of 
the  public  debt,  until  the  amount  of  such  debt  is  reduced 
below  the  sum  of  five  millions  of  dollars.  Pa,  471. 
— The  aggregate  amount  of  debts  hereafter  contracted 
by  the  Legislature,  shall  never  exceed  the  sum  of  one 
hundred  thousand  dollars,  except  in  case  of  war,  to 
repel  invasion,  or  suppress  insurrections.  And  in  no 
case  shall  any  amount  be  borrowed,  except  by  a  vote 
of  two-thirds  of  both  Houses  of  the  Legislature. 
Tex.,  517. 

— No  debt  shall  be  contracted  by  this  State  except  to 
meet  ca.sual  deficits  in  the  revenue,  to  redeem  a  pre- 
vious liability  of  the  State  or  to  suppress  insurrection, 
repel  invasion  or  defend  the  State  in  time  of  war.  If 
tlie  State  becomes  a  stockholder  in  any  association 
or  corporation  for  purposes  of  internal  improvements, 
such  stock  shall  be  paid  for  at  the  time  of  subscrip- 
tion, or  a  tax  shall  be  levied  for  the  en.suing  year 
sufficient  to  pay  the  subscription  in  full.  Va.,  538. 
— The  liability  to  the  State  of  any  incorporated  com- 
pany or  institution  to  redeem  the  principal  and  pay 
the  interest  of  any  loan  heretolore  made  or  which 
may  hereafter  be  made  by  the  State  to  such  com- 


pany or  institution,  shall  not  be  released ;  and  the 
General  Assembly  shall  not  pledge  the  faith  of  the 
State,  or  bind  it  in  any  form  for  the  debt  or  obliga- 
tion of  any  company  or  corporation.  Va.,  538. 
— The  General  Assembly  may  at  any  time  direct  the 
sale  of  the  stocks  held  by  the  Commonwealth  m 
internal  improvements  and  other  companies  located 
within  the  limits  of  this  Commonwealth,  but  the  pro- 
ceeds of  such  sale,  if  made  before  the  payment  of  the 
public  debt,  shall  be  appropriated  to  the  payment 
thereof      Va.,  538. 

— The  Legislature  may  at  any  time  direct  a  sale  of 
the  stocks  owned  by  the  State  in  banks  and  other 
corporations,  but  the  proceeds  of  such  sale  shall  be 
applied  to  the  liquidation  of  the  public  debt.  W.  Va., 
556. 

— No  debt  shall  be  contracted  by  this  State,  except 
to  meet  casual  deficits  in  the  revenue,  to  redeem  a 
previous  liability  of  the  State,  to  suppress  insurrec- 
tion, repel  invasion,  or  defend  the  State  in  time  of 
war.      W.  Va..  .556. 

— The  State  shall  never  contract  any  public  debt,  except 
in  the  cases  and  manner  herein  provided.  Wis.,  668. 
— No  liability,  either  State,  parochial  or  municipal, 
shall  exist  for  any  debts  contracted  for,  or  in  the 
interest  of  the  rebellion  against  the  United  States 
government.  La.,  235. 
-The  Legislature  shall  not  provide  for  the  payment 
of  any  bonds  now  held  by  rebels  in  arms  against  the 
State  or  United  States  government.  Va.,  538. 
—  It  shall  not  provide  for  the  payment  of  any  debt  or 
obligation  created  in  the  name  of  the  State  of  Vir- 
ginia by  the  usurped  and  pretended  State  authorities 
at  Riclimond.  And  it  shall  not  allow  any  county, 
city  or  corporation,  to  levy  or  collect  any  tax  for  the 
payment  of  any  debt  created  for  the  purpose  of  aiding 
any  rebellion  against  the  State  or  the  United  States. 
Va.,  538. 


TAXATION  BY  COUNTIES,  CITIES,  VILLAGES 
AND  TOWNS— RESTRICTIONS  UPON 
THEIR  CREDIT. 

— It  shall  be  the  duty  of  the  Legislature,  and  they 
are  hereby  empowered  to  provide  for  the  organiza- 
tion of  cities  and  incorporated  villages,  and  to  restrict 
their  power  of  taxation,  assessment,  borrowing 
money,  contracting  debts,  and  loaning  their  credit, 
so  as  to  prevent  abuses  in  assessments  and  taxa'.ion, 
and  in  contracting  debts  by  such  municipal  ccrpora- 
tions.      Wis.,  570. 

— The  General  Assembly  shall  provide  for  the  organi- 
zation of  cities,  incorporated  villages,  by  general 
laws;  and  restrict  their  power  of  taxation,  assess- 
ment, borrowing  money,  conti  acting  debts,  and  loan- 
ing their  credit,  so  as  to  prevent  the  abuse  of  such 
power.      Ohio,  443. 

— Acts  of  the  Legislative  Assembly,  incorporating 
towns  and  cities,  shall  restrict  their  powers  of  taxa- 
tion, borrowing  money,  contracting  debts,  and  loan- 
ing their  credit.      Or.,  457. 


167 


9  submitted  to  the  people,  aad  have  received  a  majority  of  all  the  votes  cast  for 

10  and  against  it,  at  such  election.    On  the  final  passage  of  such  bill  in  either 

11  house  of  the  Legislature,  the  question  shall  be  taken  by  ayes  and  noes,  to  be 

12  duly  entered  on  the  journals  thereof,  and  shall  be  :  "  Shall  this  bill  pass,  and 

13  ought  the  same  to  receive  the  sanction  of  the  people  ? "     The  Legislature  may 

14  at  any  time,  after  the  approval  of  such  law  by  the  people,  if  no  debt  shall 

15  have  been  contracted  in  pursuance  thereof,  repeal  the  same ;  and  may  at  any 

16  time,  by  law,  forbid  the  contracting  of  any  further  debt  or  liability  under 

17  such  law ;  but  the  tax  imposed  by  such  act,  in  proportion  to  the  debt  and 

18  liability  which  may  have  been  contracted,  in  pursuance  of  such  law,  shall 

19  remain  in  force  and   be  irrepealable,  and  be  annually  collected,  until   the 

20  proceeds  thereof  shall  have  made  the  provision  herein  before  specified  to  pay 

21  and  discharge  the  interest  and  principal  of  such  debt  and  liability.    The 

22  money  arising  from  any  loan  or  stock  creating  such  debt  or  liability  shall  be 

23  applied  to  the  work  or  object  specified  in  the  act  authorizing  such  debt  or 


— The  General  Assembly  shall  have  power  to  author- 
ize the  several  counties  and  incorporated  towns  in 
this  State,  to  impose  taxes  for  county  and  corpora- 
tion purposes  respectively,  in  such  manner  as  sliall 
be  prescribed  by  law  ;  and  all  property  shall  be  taxed 
according  to  its  value,  upon  the  principles  established 
in  regard  to  State  taxation.  Tenn.,  494 ;  (nearly 
similar),  Fl.,  137. 

The  commissioners  of  counties,  the  trustees  of 
townships,  and  similar  boards,  shall  have  such  power 
uf  local  taxation,  for  police  purposes,  as  may  be  pre- 
scribed by  law.      Ohio,  440. 

— The  corporate  authorities  of  counties,  townships, 
school-districts,  cities,  towns  and  villages,  may  be 
vested  with  power  to  assess  and  collect  taxes  for  cor- 
porate purposes ;  such  taxes  to  be  uniform  in  respect 
to  persons  and  property  within  the  jurisdiction 
of  the  body  imposing  the  same.  And  the  General 
Assembly  shall  require  that  all  the  jiroperty  within 
the  limits  of  municipal  corporations  belonging  to 
individuals  shall  be  taxed  for  the  payment  of  debts 
contracted  under  authority  of  law.     Ill,  1G4. 

-The  Legislature  shall  provide  for  the  organization  of 
elites  and  incorporated  villages  by  general  laws;  and 
restrict  their  power  of  taxation,  assessment,  borrowing 
monej',  contracting  debts  and  loaning  their  credit,  so 
as  to  prevent  the  abuse  of  such  power.  Neb.,  377. 
— The  Legislature  shall  provide  for  the  incorporation 
and  organization  of  cities  and  villages,  and  shall 
restrict  their  powers  of  taxation,  borrowing  money, 
contracting  debts  and  loaning  their  credit,  jl/ic/j.,  313. 
— It  shall  be  the  duty  of  the  Legislature  to  provide 
for  the  organization  of  cities  and  incorporated  villages, 
and  to  restrict  their  power  of  taxation,  as.sessment, 
borrowing  money,  contracting  debts  and  loaning 
their  credit,  so  as  to  prevent  abuses  in  assessments 
and  in  contracting  debts  by  such  municipal  corpora- 
tions.    Cal,  100. 

— No  county  shall  subscribe  for  stock  in  any  incor- 
porated company,  unles  the  same  be  paid  for  at  the 
time  of  such  subscription ;  nor  shall  any  county  loan 
its  credit  to  any  incorporated  company,  nor  borrow 
money  lor  tlie  purpose  of  taking  stock  in  any  such 
company.     Iiid.,  179. 


— The  General  Assembly  shall  never  authorize  any 
county,  city,  town,  or  township,  by  vote  of  its  citi- 
zens or  oiherwize,  to  become  a  stockholder  in  any 
joint  stock  company,  corporation,  or  association  what- 
ever ;  or  to  raise  money  for,  or  to  loan  its  credit  in 
aid  of  any  such  company,  corporation,  or  associa- 
tion.    Ohio,  439. 

— No  law  shall  be  passed  by  which  a  citizen  shall  be 
compelled,  directly  or  indirectly,  to  become  a  stock- 
holder in,  or  contribute  to  a  railroad,  or  other  work 
of  internal  improvement,  without  his  consent,  except 
the  inhabitants  of  a  corporate  town  or  city.  This 
provision  shall  not  be  construed  to  deny  the  power 
of  taxation  for  the  purpose  of  making  levees  or  dams 
to  prevent  the  overflow  of  rivers.  Oa.,  14G. 
— No  county,  city,  town,  or  other  municipal  corpora- 
tion, shall  become  a  stockholder  in  any  joint-stock 
company,  corporation  or  association  whatever,  or 
loan  its  credit  in  aid  of  any  such  company,  corpora- 
tion, or  association,  except  railroad  corporations, 
companies,  or  associations.  Nev.,  389. 
— No  political  or  municipal  corporation  shall  become 
a  stockholder  in  any  banking  corporation,  directly  or 
indirectly.     Iowa,  191. 

— The  General  Assembly  shall  not  authorize  any 
county,  city  or  town  to  become  a  stockholder  in,  or 
to  loan  its  credit  to  any  company,  association  or  cor- 
poration, unless  two-thirds  of  the  qualified  voters  of 
such  county,  city  or  town,  at  a  regular  or  special 
election  to  be  held  therein,  shall  assent  thereto  Mo., 
362. 

— The  Legislature  shall  not  authorize  any  county, 
city,  borough,  township,  or  corporate  district,  by 
virtue  of  a  vote  of  its  citizens,  or  otherwise,  to  become 
a  stockholder  in  any  company,  association,  or  corpo- 
ration ;  or  to  obtain  money  for,  or  loan  its  credit  to, 
any  corporation,  association,  institution  or  party. 
Pa.,  471. 

— No  county,  city,  town  or  other  municipal  corpora- 
tion, by  vote  of  its  citizens  or  otherwise,  shall  become 
a  stockholder  in  any  joint  stock  company,  corporation 
or  association  whatever,  or  raise  money  for  or  loan 
its  credit  to,  or  in  aid  of  any  such  company,  corpora- 
tion or  association.     Or.,  457. 


168 


24  liability,  or  for  the  repayment  of  such  debt  or  liability,  and  for  no  other 

25  purpose  whatever.    No  such  law  shall  be  submitted  to  be  voted  on  within 

26  three  months  after  its  passage,  or  at  any  general  election  when  any  other  law,, 

27  or  any  bill,  or  any  amendment  to  the  Constitution  shall  be  submitted  to  be 

28  voted  for  or  against. 

1  3  13.  Every  law  which  imposes,  continues  or  revives  a  tax,  shall  distinctly 

2  state  the  tax  and  the  object  to  which  it  is  to  be  applied ;  and  it  shall  not  be 

3  sufficient  to  refer  to  any  other  law  to  fix  such  tax  or  object. 

1  g  14.  On  the  final  passage,  in  either  House  of  the  Legislature,  of  every  act 

2  which  imposes,  continues  or  revives  a  tax  or  creates  a  debt  or  charge,  or 

3  makes,  continues  or  revives  any  appropriation  of  public  or  trust  money,  or 

4  property;  or  releases,  discharges  or  commutes  any  claim  or  demand  of  the 

5  State,  the  question  shall  be  taken  by  ayes  and  noes,  which  shall  be  duly 

6  entered  on  the  journals,  and  three-fifths  of  all  the  members  elected  to  either 

7  House  shall,  in  all  such  cases,  be  necessary  to  constitute  a  quorum  therein. 


— Provision  shall  be  made  by  general  lav  for  the 
organization  of  cities,  towns  and  villages;  and  their 
power  of  taxation,  assessment,  borrowing  money, 
contracting  debts,  and  loaning  their  credit,  shall  be  so 
restricted  as  to  prevent  the  abuse  of  such  power. 
Kan.,  205. 

— No  county  or  other  political  or  municipal  corpora- 
tion shall  be  allowed  to  become  indebted  in  any  man- 
ner, or  for  any  purpose,  to  an  amount  in  the  aggre- 
gate exceeding  five  per  centum  on  the  value  of  the 
taxable  property  within  such  county  or  corporation. 
to  be  ascertained  by  the  last  State  and  county  ta.x 
lists,  previous  to  the  incurring  of  such  indebtedness. 
Iowa,  199. 

— No  money  shall  be  drawn  from  any  county  or  town- 
ship treasury,  except  by  authority  of  law.  Min.,  .328. 
— Any  county  and  township  organization  shall  have 
such  powers  of  local  taxation  as  may  be  prescribed 
by  law.     Min  ,  328. 

— The  Legislature  shall  provide  for  the  organization 
of  cities  and  towns  by  general  laws;  and  restrict  the 
power  of  taxation,  assessment,  borrowing  money, 
contracting  debts,  and  loaning  their  credit,  except  for 
procuring  supplies  of  water.  Xev.,  389. 
— The  Board  of  Supervisors  of  any  county  may  bor- 
row or  raise  Vjy  ta.x  one  thousand  dollars,  for  con- 
structing or  repairing  public  buildings,  highways,  or 
bridges;  but  no  greater  sum  .shall  be  borrowed  or 
raised  by  tax  for  such  purpose  in  any  one  year,  unless 
authorized  by  a  majority  of  the  electors  of  such 
county  voting  thereon.     Mich.,  309. 

CAPITATION  TAXES. 

— No  capitation  or  other  direct  tax  shall  be  laid, 
unless  in  proportion  to  the  census.  U.  S.,  13. 
— The  Legislature  shall  provide  by  law  for  the  pa}'- 
ment  of  an  annual  poll-tax  of  not  less  than  two  nor 
exceeding  four  dollars  from  each  male  person  resident 
in  the  State  between  the  age  of  twenty-one  and 
sixty-years,  uncivilized  American  Indians  excepted, 
one-half  to  be  applied  for  State  and  one-half  for 
courity  purposes ;  and  the  Legislature  may,  in  its  dis- 
cretion, make  such  payment  a  condition  to  the  right 
of  voting.     Nev.,  381. 


— -Ail  free  males  over  the  age  of  twenty-one  years, 
and  under  the  age  of  forty-five  years,  and  all  slaves 
over  the  age  of  twelve  years,  and  under  the  age  of 
fifty  years,  shall  be  subject  to  capitation  tax,  and  no 
other  pei'son  shall  be  subject  to  such  tax  ;  Provided, 
That  nothing  herein  contained  .shall  prevent  exemp- 
tions of  taxable  polls,  as  heretofore  prescribed  by  law, 
in  cases  of  bodily  infirmity.  iV  C.  430. 
— The  levying  of  taxes,  by  the  poll,  is  grievous  and 
oppressive  ;  therefore  the  General  Assembly  shall 
never  levy  a  poll-tax,  for  county  or  State  purposes. 
Ohio,  442. 

— Poll-tax  of  $1.00  to  be  levied  for  benefit  of  schools. 
Ji.  I..  475. 

— The  General  Assembly,  whenever  a  tax  is  laid 
upon  land,  shall,  at  the  same  time,  impose  a  capita- 
tion tax,  which  shall  not  be  less  upon  each  poll  than 
one-fourth  of  the  tax  laid  on  each  hundred  dollars' 
worth  of  the  assessed  value  of  the  land  taxed; 
excepting,  however,  from  the  operation  of  such  capi- 
tation tax  all  such  classes  of  persons,  as  from  disa- 
bility or  otherwi.se,  ought,  in  the  judgment  of  the 
General  .\ssembly,  to  be  exempted.  S.  C,  488. 
— A  capitation  tax,  equal  to  tlie  ta.x  as.se.ssed  on  land 
of  the  value  of  two  hundred  dollar.s,  shall  be  levied 
on  every  white  male  inhabitant  who  has  attained  the 
age  of  twenty-one  j'ears;  and  one  equal  moiety  of 
the  capitation  tax  upon  wliite  persons  shall  be 
applied  to  the  purposes  of  education  m  primary  and 
free  schools;  but  nothing  hereiu  contained  sliall  pre- 
vent exemptions  of  ta.xable  polls  in  cases  of  bodily 
infirmity,      la.,  538. 

^A  capitation  tax  of  one  dollar,  shall  be  levied  upon 
each  wliite  male  inhabitant  who  has  attained  the  age 
of  twent}'-one  years.  W.  Fa.,  .556. 
— The  assessors  of  each  town  or  city  shall  annually 
assess  upon  every  person  whose  name  shall  be  regis- 
tered, a  tax  of  one  dollar,  or  such  smn  as  with  his 
other  taxes  shall  amount  to  one  dollar,  which  registry 
tax  shall  be  paid  into  the  treasury  ol  such  town  or 
city,  and  be  applied  to  the  support  of  public  schools 
therein.     Ji.  I.,  475. 

— A  tax  on  white  polls  shall  be  laid  in  such  manner 
and  of  such  an  amount  as  may  be  prescribed  by 
law.     Te7m.,  494. 


1()9 


ARTICLE  VIII. 

1  Section  1.  Corporations  may  be  formed  under  general  laws ;  but  shall  not 

2  be  created  by  special  act,  except  for  municipal  purposes,  and  in  cases  Avhere 

3  in  the  judgment  of  the  Legislature,  the  objects  of  the  corporation  cannot  be 

4  attained  under  general  laws.      All  general  laws  and   special  acts  passed 

5  pursuant  to  this  section,  may  be  altered  from  time  to  time,  or  repealed. 


FORMATIOK  OF  CORPORATIONS. 

— Corporations  may  be  formed  under  general  laws, 
but  shall  not  be  created  by  special  act,  except  for 
municipal  purposes.  All  general  law.s  and  special 
acts  passed  pursuant  to  this  section  may  be  altered 
from  time  to  time,  or  repealed.  C«?.,'99 ;  Mkh.,  312 ; 
Mo.,  360 ;  Or.,  4.57. 
-No  act  of  incorporation,  except  for  the  renewal  of 
existing  corporations,  shall  be  hereafter  enacted 
without  the  concurrence  of  two-thirds  of  each  branch 
of  the  Legislature,  and  with  a  reserved  power  of 
revooatioiij  by  the  Legislature  ;  and  no  act  of  incorpo- 
ration which  may  be  hereafter  enacted  shall  continue 
in  force  for  a  longer  period  than  twenty  years,  with- 
out the  re-enactment  of  the  Legislature,  unless  it  be 
an  incorporation  for  public  improvement.  Del.,  119. 
— The  General  Assembly  shall  pass  no  act  of  incor- 
poration, nor  make  any  alteration  in  one,  unlesswith 
the  assent  of  at  least  two  thirds  of  each  House,  and 
unless  public  notice  in  one  or  more  newspapers  in 
the  State  shall  have  been  given  for  at  least  three 
months  immediately  preceding  the  session  at  which 
the  same  may  l)e  applied  for.  Fl.,  1.59. 
— No  act  incorporating  any  railroad,  banking,  insur- 
ance, commercial  or  fmancial  corporation  shall  be 
introduced  into  the  General  Assembly,  unless  the  per- 
son or  persons  applying  for  such  corporation  shall 
have  deposited  with  the  Treasurer  the  sum  of  one 
hundred  dollars  as  a  bonus  to  the  State.  Fi,  133. 
— The  General  Assembly  shall  pass  no  act  of  incor- 
poration, nor  make  any  alteration  in  one,  unless  with 
the  assent  of  at  least  two-thirds  of  each  House,  and 
unless  public  notice  in  one  or  more  newspapers  in  the 
State  shall  have  been  given  for  at  least  three  months 
immediately  preceding  the  session  at  which  the  same 
may  be  appUed  for.     Ft.,  138. 

— The  General  Assembly,  sliall  have  no  power  to 
grant  corporate  powers  and  privileges  to  private  com- 
panies, except  to  banking,  insurance,  railroad,  canal, 
plank-road,  navigation,  mining,  e.xpress,  lumber, 
manufacturing,  and  telegraph  companies;  nor  to  make 
or  change  election  precincts;  nor  to  establish  bridges 
and  ferries ;  nor  to  change  names,  or  legitimate  child- 
ren ;  but  shall  by  law  prescribe  tlie  manner  in  which 
such  power  shall  be  exercised  by  the  courts.  But  no 
bank  charter  shall  be  granted  or  extended,  and  no 
act  passed  authorizing  the  suspension  of  specie  pay- 
ment by  any  chartered  bank,  except  by  a  vote  of  two- 
thirds  of  each  branch  of  the  General  Assembly.  Ga., 
140. 

— Corporations  not  possessing  banking  powers  or 
privileges,  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  acts,  except  for  muni- 
cipal purposes,  and  in  cases  where,  in  the  judgment 
of  the  General  Assembly,  the  objects  of  the  corpora- 
tion cannot  be  attained  under  general  laws.  III.,  164. 
— Corporations  other  than  banking,  shall  not  be 
created  by  special  act,  but  may  be  formed  under  gen- 
eral law.     Iiid.,  179. 

— Subject  to  the  provisions  of  this  article,  the  General 
Assembly  shall  have  power  to  amend  or  repeal  all 
laws  for  the  organization  or  creation  of  corporations, 
or  granting  of  special  or  exclusive  privileges  or  immu- 
nities, by  a  vote  of  two  thirds  of  each  branch  of  the 
General  Assembly;  and  no  exclusive  privilege,  except 


as  in  this  article  provided,  shall  ever  be  granted. 
Iowa,  191. 

— No  corporation  shall  be  created  by  special  laws, 
but  the  General  Assembly  shall  provide,  by  general 
laws,  for  the  organization  of  all  corporations  hereafter 
to  be  created,  except  as  hereinafter  provided.  Iowa, 
191. 

— The  Legislature  shall  pass  no  special  act  conferring 
corporate  powers.  Corporations  may  be  created 
under  general  laws,  but  all  such  laws  may  be 
amended  or  repealed.  Aare.,  205;  iVew.,  388. 
— The  General  Assembly  shall  pass  a  general  law  for 
the  incorporation  of  towns,  religious,  literary,  scien- 
tific, benevolent,  military  and  other  associations,  not 
commercial,  industrial,  or  financial;  but  no  special 
act  incorporating  any  such  association  shall  be  passed. 
Fl,  133. 

— The  title  to  all  property  of  religious  corporations 
shall  vest  in  trustees,  whose  election  shaU  be  by  the 
members  of  such  corporations.  Kan.,  205. 
— Corporations  shall  not  be  created  in  this  State  by 
special  laws  except  for  political  or  municipal  pur- 
poses ;  but  the  Legislature  shall  provide  by  general 
law  for  the  organization  of  all  other  corporations, 
except  corporations  with  banking  or  discounting 
privileges,  the  creation,  renewal  or  extension  of 
which  is  hereby  prohibited.  La.,  234, 
— Corporations  may  be  formed  under  general  laws, 
but  shall  not  be  created  by  special  act,  except  for 
municipal  purposes,  and  in  cases  where,  in  the  judg- 
ment of  the  General  Assembly,  the  object  of  the  cor- 
paration  cannot  be  attained  under  general  laws.  All 
laws  and  special  act.s,  pursuant  to  this  section,  may 
be  altered  from  time  to  time,  or  repealed :  Provided, 
Nothing  herein  contained  shall  be  construed  to  alter, 
change  or  amend  in  any  manner,  the  section  in  rela- 
tion to  banks,     Md.,  265. 

— The  Legislature  shall  pass  no  law  altering  or 
amending  any  act  of  incoi'poration  heretofore  granted 
without  the  assent  of  two-thirds  of  the  members 
elected  to  each  Hou.se,  nor  shall  any  such  act  be 
renewed  or  extended.  This  restriction  .shall  not 
apply  to  municipal  corporations.  Mich.,  312. 
— No  corporation  shall  liold  any  real  estate  hereafter 
acquired  for  a  longer  period  than  ten  years,  except 
such  real  estate  as  .shall  be  actually  occupied  by  such 
corporation  in  the  exercise  of  its  franchises.  Mich., 
313. 

— Previous  notice  of  any  application  for  an  alteration 
of  the  charter  of  any  corporation  shall  be  given  in 
such  manner  as  may  be  prescribed  by  law.  Mich.,  313. 
— No  corporation  shall  be  formed  under  special  acts, 
except  for  municipal  purposes.     Min.,  328. 
— No  law  shall  be  passed  reviving  or  re-enacting  any 
act  heretofore  passed  creating  any  private  corpora- 
tion,   where  such  corporation  shall   not  have  been 
organized  and  commenced  the  transaction  of  its  busi- 
ness within  one  year  from  the  time  such  act  took 
effect,  or  within  such  other  time  as  may  have  been 
prescribed  in  such  act  for  such  organization  and  com- 
mencement of  business.     Mu.,  360. 
— The  Legislature  shall  pass  no  special  act  conferring 
corporate  powers.     Neh.,  376 ;    Ohio,  443. 
— Corporations  may  be  formed  under  general  laws. 
Neh.,  376, 
— Corporations  created  by  or  under  the  laws  of  the 


43 


no 

1  §  2.  Dues  from  corporations  shall  be  secured  by  such  individual  liability 

2  of  the  corporators  and  other  means  as  may  be  prescribed  by  law. 

1  ^3.  The  term  corporation,  as  used  in  this  article,  shall  be  construed  to 

2  include  all  associations  and  joint-stock  companies  having  any  of  the  powers 

3  and  privileges  of  corporations  not  possessed  by  individuals  or  [)artnerships. 

4  And  all  corporations  shall  have  the  right  to  sue  and  shall  be  subject  to  be 

5  sued  in  all  courts  in  like  cases  as  natural  persons. 


Territory  of  Nevada  shall  be  subject  to  the  provisions 
of  such  laws  until  the  Legislature  shall  pass  laws 
regulating  the  same,  in  pursuance  of  the  provisions 
of  this  Constitution.  Xer.,  388. 
— Corporations  may  be  formed  under  general  laws; 
but  all  such  laws  may,  from  time  to  time,  be  altered 
or  repealed.      Ohio,  443. 

— The  Legislature  shall  have  the  power  to  alteri 
revoke  or  annul  any  charter  of  incorporation  hereaf- 
ter conferred  by  or  under  any  special  or  general  law, 
whenever  in  tlieir  opinion  it  may  be  injurious  to  the 
citizens  of  the  Commonwealth ;  in  such  manner, 
however,  that  no  injustice  shall  be  done  to  the  corpo- 
rators.    Pa.,  472. 

— Hereafter,  when  any  bill  shall  be  presented  to  either 
House  of  the  General  Assembl}',  to  create  a  corpora- 
tion, for  any  other  than  religious,  literary  or  charita- 
ble purposes,  or  for  niilitarj'  or  lire  company,  it  shall 
be  continued  until  another  election  of  memljors  of 
the  General  Assemljly  shall  have  taken  place,  atid 
such  public  notice  of  the  pendency  thereof  shall  be 
given  as  may  be  required  by  law.  B.  I.,  47G. 
— No  private  corporation  shall  be  created,  unless  the 
bill  creating  it  shall  be  passed  by  two-thirds  of  both 
Houses  of  the  Legislature ;  and  two  thirds  of  the 
Legislature  shall  have  power  to  revoke  and  repeal  all 
private  corporations  by  making  compensation  for  the 
francliise.  And  the  State  shall  not  be  part  owner  ot 
the  stock,  or  propertv,  belonging  to  any  corporation. 
lix.,  516. 

— The  Legislature  shall  i)ass  general  laws  whereby 
any  number  of  persons  associated  for  mining,  manu- 
facturing, insuring,  or  other  ])urpose  useful  to  tlie 
pubhc,  excepting  banks  of  circulation  and  the  con- 
struction of  works  of  internal  improvement,  may 
become  a  corporation  on  complying  witli  the  terms 
and  conditions  thereby  prescribed ;  and  no  special 
act  incorporating,  or  granting  peculiar  privileges  to 
any  joint  stock  company  or  association,  not  having 
in  view  the  issuing  of  bills  to  circulate  as  money  or 
the  construction  of  some  work  of  internal  improve- 
ment, shall  be  passed.  No  company  or  association, 
authorized  by  this  section,  shall  issue  bills  to  circulate 
as  money.  No  charter  of  incorporation  shall  be 
granted  under  such  general  laws,  unless  the  right  be 
reserved  to  alter  or  amend  such  charter,  at  the  plea- 
sure of  the  Legislature,  to  be  declared  by  general 
law.     IK  Va.,  5.58. 

— Corporations  without  banking  powers  or  privileges 
may  be  formed  under  general  laws,  but  shall  not  be 
created  by  special  act,  except  for  municipal  pur|)Oses, 
and  in  cases  where,  in  the  judgment  of  the  Legisla- 
ture, the  objects  of  the  corporation  cannot  be  attained 
under  general  laws.  All  general  laws  or  special  acts 
enacted  under  the  provisions  of  this  section  may  be 
altered  or  repealed  by  the  Legislature  at  any  time 
after  their  psissage.      Wis.,  569. 

— No  corporation,  except  for  municipal  purposes,  or 
for  the  construction  of  railroads,  plank-roads,  and 
canals,  shall  be  created  for  a  longer  time  than  thirty 
year.s.     Mich.,  313. 


DEFINITION  OF  TERM  CORPORATION, 

— The  term  corporations  as  used  in  this  article  shall 
be  con.strued  to  include  all  associations  and  joint- 
stock  companies  having  any  of  the  [lowers  or  privil- 
eges of  corporations  not  possessed  by  individuals  or 
partnerships.  And  all  corporations  shall  have  the 
right  to  sue,  and  sliall  be  subject  to  Ije  sued  in  all 
courts  in  like  cases  as  natural  persons  Cal  99  ■ 
Aa».,  205;  J/ic/i..  313;  J/i«.,  , -32.3.  '        ' 


PRIVATE  PROPERTY  T.\KEN  BY  CORPORA- 
TIONS, 

— The  property  of  no  pereon  shall  be  taken  by  any 
corporation  for  public  use  without  compensation 
being  fust  made  or  secured,  in  such  manner  as  may 
be  prescibed  by  law.  Mich.,  313. 
— No  numicipal  corporation  shall  take  private  prop- 
erty for  public  use  against  tlio  consent  of  the  owner 
without  the  necessity  thereof  being  first  established 
by  the  verdict  of  a  jury,  irjs.,  570. 
-Individuals  or  private  corporations  shall  not  be 
authorized  to  take  private  property  for  public  use 
without  just  compensation  first  made  to  the  owners' 
M.  J.,  415. 

—No  right  of  way  shall  bo  appropriated  to  the  use 
of  any  corporation  until  full  compensation  be  first 
made  or  secured  therefor.  iVeu.,  389. 
— The  Legislature  shall  not  invest  any  corporate 
body  or  individual  with  the  privilege  ot'  taking  pri- 
vate property  for  public  use,  without  requiring  such 
corporation  or  individual  to  make  compensation  to 
the  owners  of  said  property,  or  give  adequate  secu- 
rity therefor,  before  such  property  shall  be  taken. 
Pa.,  460. 

— No  right  of  way  shall  be  appropriated  to  the  use 
of  any  corporation  until  full  compensation  therefor 
be  first  made  in  money,  or  secured  by  a  deposit  of 
money,  to  the  owner,  irrespective  of  any  benefit 
from  any  improvement  proposed  by  such  corporation 
Kan..  205. 


BANKS. 

— Not  more  than  one  bank  shall  be  established,  nor 
more  than  one  bank  charter  be  renewed  at  any  one 
session  of  the  General  As.scml)ly ;  nor  shall  any" bank 
be  established,  nor  any  bank 'charter  be  renewed, 
without  the  concurrence  of  two-thirds  of  each  House 
of  the  General  As,sembly,  and  in  conformity  with  the 
following  rules — that  is  to  say: 

RuLK  2.  The  remedy  for  tlie  collection  of  debts 
•shall  be  reciprocal  for  and  against  the  bank. 

Rule  3.  No  bank  .shall  commence  operations  until 
one-half  of  the  capital  stock  subscribed  for  be  actually 
paid  in  gold  and  silver:  which  amount  shall,  in  no 
case,  be  less  than  one  lumdred  thousand  dollars. 

Rule  4.  If  any  bank  shall  neglect  or  refuse  to  pay, 
on  demand,  any  bill,  note,  or  obligation  issued  by  the 
corporation.acoording  to  the  promise  therein  expressed, 


171 


1  3  *•  ^^^  Legislature  shall  have  no  power  to  pass  any  act  granting  any 

2  special  charter  for  banking  purposes ;  but  corporations  or  associations  may  be 

3  formed  for  such  purposes  under  general  laws. 

1  §5.  The  Legislature  shall  have  no  power  to  pass  any  law  sanctioning  in 

2  any  manner,  directly  or  indirectly,  the  suspension  of  specie  payments,  by  any 

3  person,  association  or  corporation  issuing  bank  notes  of  any  description. 

1  §  6.  The  Legislature  shall  provide  by  law  for  the  registry  of  all  bills  or 

2  notes  issued  or  put  in  circulation  as  money,  and  shall  require  ample  security 

3  for  the  redemption  of  the  same  in  specie. 


the  holder  of  such  bill,  note,  or  obhgation  shall  be 
entitled  to  receive  and  recover  interest  thereon  until 
paid,  or  until  specie  payments  are  resumed  by  the 
bank,  at  the  rate  of  twelve  per  centum  per  annum 
from  the  date  of  such  demand ;  unless  the  General 
Assembly  shall,  by  a  vote  of  two-thirds  of  each 
House  thereof,  sanction  such  suspension  of  specie 
payments.     Ala.,  77. 

Rule  5.  Wlienever  any  bank  suspends  specie  pay- 
ments, its  charter  is  tlicreby  forfeited;  unless  such 
suspension  shall  be  sanctioned  and  legalized,  at  the 
next  session  of  the  General  Assembly,  by  a  vote  of 
two-thirds  of  each  House  thereof  Ala.,  77. 
— The  Legislature  shall  have  no  power  to  pass  any 
act  granting  any  charter  for  banking  purposes  ;  but 
associations  may  be  formed  under  general  laws  for 
the  deposit  of  gold  and  silver,  but  no  such  association 
shall  make,  issue,  or  put  in  circulation,  any  bill,  check, 
ticket,  certificate,  promissory  note,  or  other  paper,  or 
the  paper  of  any  bank,  to  circulate  as  money.  Cal,  99. 
— The  Legislature  of  this  State  shall  prohibit  by  law, 
any  person  or  persons,  association,  company,  or  cor- 
poration, from  exercising  the  privilege  of  banking, 
or  creating  paper  to  circulate  as  money.  Cat,  99. 
— No  bank  charter,  nor  any  act  of  incorporation 
granting  exclusive  privileges,  shall  be  granted  for  a 
longer  period  than  twenty  j'ears.  FL,  139. 
— Banks  chartered  by  the  General  Assembly  shall  be 
restricted  to  the  business  of  exchange,  discount  and 
deposit,  and  they  shall  not  deal  in  real  estate,  nor  in 
merchandise  or  chattels,  except  as  security  for  loans 
or  discounts,  or  for  debts  due  to  such  bank ;  nor  sliall 
they  be  concerned  iu  insurance,  manufacturing, 
exportation,  or  importation,  except  of  bullion,  or 
specie;  nor  shall  they  own  real  estate  or  chattels, 
except  such  as  shall  be  necessary  for  their  actual  use 
in  the  transaction  of  business,  or  which  may  be 
received  in  payment  of  previously  contracted  debts, 
or  purchased  at  legal  sales  to  satisfy  such  debts,  of 
which  they  shall  be  required  to  make  sale  within 
three  years  alter  the  acquisition  tliereof.  Fl.,  139. 
— The  capital  stock  of  any  bank  shall  not  be  less 
than  one  hundred  thousand  dollars,  to  be  paid  in 
suitable  installments,  and  shall  be  created  only  by 
the  payment  of  specie  therein.  Fl.,  139. 
— All  liabilities  of  sucli  banks  shall  be  payable  in 
specie,  and  the  circulation  of  no  bank  shall  exceed 
three  dollars  for  one  of  capital  actually  paid  in.  FL. 
139. 

--No  dividends  or  profits  exceeding  ten  per  centum 
per  annum  on  the  capital  stock  paid  in  shall  be  made, 
but  all  profits  over  ten  per  centum  per  annum  shall 
be  set  apart  and  retained  as  a  safety  fund.  FL.  139. 
— Stockholders  in  a  bank  when  an  act  of  forfeiture 
is  committed,  or  when  it  is  dissolved  or  has  expired, 
shall  be  individually  and  severally  liable  for  the 
redemption  of  the  outstanding  circulation,  in  propor- 
tion to  the  stock  owned  by  each,  and  no  transfer  of 
stock  shall  exonerate  such  stockholders  from  this  lia- 


bility, unless  such  transfer  was  made  at  least  two 
years  previous  to  said  forfeiture,  dissolution  or  expi- 
ration.    Fl,  139. 

— Banks  shall  be  open  to  inspection  under  such  reg- 
ulations as  may  be  prescribed  by  law,  and  it  shall  be 
the  duty  of  the  Governor  to  appoint  a  person  or 
persons  not  connected  in  any  manner  with  any  bank 
in  the  State,  to  examine  at  least  once  a  year  into 
their  state  and  condition ;  and  the  officers  of  every 
bank  shall  make  quarterly  returns  imder  oath,  to 
the  Governor,  of  its  state  and  condition,  and  the 
names  of  the  stockholders  and  shares  held  by  each. 
FL,  139. 

— A^on  user  for  the  space  of  one  year,  or  any  act  of 
a  corporation,  or  those  having  the  control  or  manage- 
ment thereof,  or  intrusted  therewith,  inconsistent 
with,  or  in  violation  of  the  provisions  of  this  Consti- 
tution, or  of  its  charter,  shall  cause  its  forfeiture,  and 
the  General  Assembly  shall  by  general  law  provide 
a  summary  process  for  the  sequestration  of  its  effects 
and  assets,  and  the  appointment  of  officers  to  settle 
its  affairs,  and  no  forfeited  charter  shall  be  restored. 
FL,  139. 

— No  State  bank  shall  hereafter  be  created,  nor  shall 
the  State  own  or  be  liable  for  any  stock  in  any  cor- 
poration or  joint  stock  association  for  banking  pur- 
poses, to  be  hereafter  created.  IlL,  1G4. 
— No  act  of  the  General  Assembly,  authorizing  cor- 
porations or  associations  with  banking  powers,  shall 
go  into  efi'ect,  or  in  any  manner  be  in  force,  unless 
the  same  shall  be  submitted  to  the  people  at  the  gen- 
eral election  next  succeeding  the  passage  of  the  same 
and  be  approved  b}'  a  majority  of  all  the  votes  cast 
at  such  election,  for  and  against  such  law.  IlL,  1G4:. 
— Nor  to  revive  or  extend  the  charter  of  the  State 
Bank,  or  the  charter  of  any  other  bank  heretofore 
existing  in  this  State,  and  shall  pass  laws  to  prohibit 
the  sale  of  lottery  tickets  in  this  State.  III.,  154. 
— The  General  Assembly  shall  not  have  power  to 
establish  or  incorjwrate  any  bank  or  banking  com- 
pany, or  moneyed  institution,  for  the  purpose  of  issu- 
ing bills  of  credit,  or  bills  payable  to  order  or  bearer, 
except  under  the  c^onditions  prescribed  in  this  Con- 
stitution.    Ind.,  179. 

— No  banks  shall  be  established  otherwise  than  under 
a  general  banking  law,  except  as  provided  in  the 
fourth  section  of  this  article.  Ind.,  179. 
— If  the  General  Assembly  shall  enact  a  general 
banking  law,  such  law  shall  provide  for  the  registry 
and  countersigning  by  an  officer  of  State  of  all  paper 
credit  designed  to  be  circulated  as  money,  and  ample 
collateral  security,  readily  convertible  into  specie,  or 
the  redemption  of  the  same  in  gold  or  silver,  shall  be 
required,  which  collateral  security  shall  be  under  the 
control  of  the  proper  officer  or  officers  of  State. 
Ind.,  179. 

— The  General  Assembly  may  also  charter  a  bank 
with  branches  without  collateral  security,  as  required 
in  the  preceding  section.     Ind.,  179. 


172 


—  If  the  General  Assembly  shall  establish  a  bank 
with  branches,  the  branches  shall  be  mutually  respon- 
sible for  each  other's  liabilities  upon  all  paper  credit 
issued  as  money.     Ind.,  179. 

AH  bills  or   notes   issued   as   money    shall  be  at 

all  times  redeemable  in  gold  or  silver ;  and  no  law 
shall  be  passed  sanctioning,  directly  or  indirectly,  the 
suspension  by  any  bank  or  banking  company  of 
specie  payments.     Ind.,  179. 

— Holders  of  bank  notes  shall  be  entitled,  in  case  of 
insolvency,  to  preference  of  payment  over  all  other 
creditors.     Ind.,  179. 

— No  bank  shall  receive,  directly  or  indirectly,  a 
greater  rate  of  interest  than  shall  be  allowed  by  law 
to  individuals  loaning  money.  Ind.,  179. 
— Every  bank  or  banking  company  shall  be  required 
to  cease  all  banking  operations  within  twenty  years 
from  the  time  of  its  organization,  and  promptly  there- 
after to  close  its  busines.s.  Ind.,  179. 
— The  General  Assembly  is  not  prohibited  from 
investing  the  trust  funds  in  a  bank  with  branches; 
but  in  case  of  such  investment,  the  safety  of  the  same 
shall  be  guaranteed  by  unquestionable  security. 
Ind.,  179. 

— The  State  shall  not  be  a  stockholder  in  any  bank 
after  the  expiration  of  the  present  bank  charter ;  nor 
shall  the  credit  of  the  State  ever  be  given  or  loaned 
in  aid  of  any  person,  association  or  corporation  ;  nor 
shall  the  State  hereafter  become  a  stockholder  in  any 
corporation  or  association.  Ind.,  179. 
— No  act  of  the  General  Assembly,  authorizing  or 
creating  corporations  or  associations  with  banking 
powers,  nor  amendments  thereto,  shall  take  eftcct,  or 
in  any  manner  be  in  force,  until  the  same  shall  have 
been  submitted  separately  to  the  people,  at  a  general 
or  special  election,  as  provided  by  law,  to  be  held  not 
less  than  three  months  after  the  passage  of  the  act, 
and  shall  have  been  approved  by  a  majority  of  all  the 
electors  voting  for  and  against  it  at  such  election. 
lovM.,  191. 

— No  act  of  the  General  Assembly,  authorizing  asso- 
ciations with  banking  powers,  shall  take  effect  until 
it  shall  be  submitted  to  the  people,  at  the  general 
election  next  succeeding  the  passage  thereof,  and  be 
approved  by  a  majority  of  all  the  electors  voting  at 
such  election.     Ohio,  443. 

— Subject  to  the  provisions  of  the  foregoing  section, 
the  General  Assembly  may  also  provide  for  the  estab- 
lishment of  a  State  Bank,  with  branches  Iowa,  191. 
— If  a  State  Bank  be  established,  it  shall  be  founded 
on  an  actual  specie  basis,  and  the  branches  shall  be 
mutually  responsible  for  each  other's  liabilities  upon 
all  notes,  bills,  and  other  issues  intended  to  circulate 
as  money.     Iowa,  191. 

— If  a  general  banking  law  shall  be  enacted,  it  shall 
provide  for  the  registry  and  countersigning,  by  hn 
officer  of  State,  of  all  bills,  or  paper  credit  designed  to 
circulate  as  money,  and  require  security  to  the  full 
amount  thereof,  to  be  deposited  with  the  State  Trea- 
surer, in  United  States  stocks,  or  in  interest  faying 
stocks  of  States  in  good  credit  and  standing,  to  be 
rated  at  ten  per  cent  below  their  average  value  in  the 
city  of  New  York,  for  the  thirty  days  next  preced- 
ing their  deposit ;  and  in  case  of  a  depreciation  of  any 
portion  of  said  stocks,  to  the  amount  of  ten  per 
cent  on  the  dollar,  the  bank  or  banks  owning  said 
stocks  shall  be  required  to  make  up  said  deficiency 
by  depositing  additional  stocks,  and  said  law  shall 
also  provide  for  the  recording  of  the  names  of  all 
stockholders  in  such  corporations,  the  amount  of 
slock  held  by  each,  the  time  of  any  transfer,  and  to 
whom.     Iowa,  191. 

— In  ease  of  the  insolvency  of  any  banking  institu- 
tion, the  bill  holders  shall  have  a  reference  over  its 
other  cieditors.  Iowa,  191;  La.,  234;  Mich.,  312; 
Min.,  328. 

— The  suspension  of  specie  payments  by  banking 
institutions  shall  never  be  permitted  or  sanctioned. 
Iowa,  191. 

— No  bank  shall  be  established  otherwise  than  under 
a  general  banking  law.     Kan.,  215. 
— All  banking  laws  shall  require,  as  collateral  security 


for  the  redemption  of  the  circulating  notes  of  any 
bank  organized  under  their  jjrovisions,  a  deposit  with 
the  Auditor  of  State  of  the  interest-paying  bonds  of 
the  several  States  or  of  the  United  States,  at  the  ca-sh 
rates  of  the  New  York  Stock  Exchange,  to  an  amount 
equal  to  the  amount  of  circulating  notes,  which  such 
bank  shall  be  authorized  to  issue,  and  a  cash  deposit 
in  its  vaults  often  per  cent  of  such  amount  of  circu- 
lating notes ;  and  the  Auditor  shall  register  and 
countersign  no  more  circulating  bills  of  any  bank  than 
the  cash  value  of  such  bonds  when  deposited.  Kan., 
205. 

— Whenever  the  bonds  pledged  as  collateral  security 
for  the  circulation  of  any  bank  shall  depreciate  in 
value,  the  Auditor  of  State  shall  require  additional 
security,  or  curtail  the  circulation  of  such  bank  to 
such  extent  as  will  continue  the  security  unimpaired. 
Kan.,  215. 

— All  circulating  notes  shall  be  redeemable  in  the 
money  of  the  United  States.  Holders  of  such  notes 
shall  be  entitled,  in  case  of  the  insolvency  of  such 
banks,  to  preference  of  payment  over  all  other  cred- 
itors.    Kan.,  205. 

— The  State  shall  not  be  a  stockholder  in  any  bank- 
ing institution.     Kan.,  205. 

— All  banks  shall  be  required  to  keep  offices  and  offi- 
cers for  the  issue  and  redemption  of  their  circulation, 
at  a  convenient  place  within  the  State,  to  be  named 
on  the  circulating  notes  issued  by  such  bank.  Kan., 
205. 

— No  banking  institution  shall  issue  circulating  notes 
of  a  less  denomination  than  one  dollar.  Kan.,  205. 
— No  banking  law  shall  be  in  force  until  the  same 
shall  have  been  submitted  to  a  vote  of  the  electors 
of  the  State  at  some  general  election,  and  ajiproved 
by  a  majority  of  all  the  votes  cast  at  such  election. 
Kan.,  205. 

— Any  banking  law  may  be  amended  or  repealed. 
Kan.,  205. 

— No  banking  law,  or  law  for  banking  purposes,  or 
amendments  thereof,  shall  have  effect  until  the  same 
shall,  after  its  passage,  be  submitted  to  a  vote  of  the 
electors  of  the  State,  at  a  general  election,  and  be 
approved  by  a  majority  of  the  votes  cast  thereon  at 
such  election.     Mich.,  312. 

— The  General  Assembly  shall  grant  no  charter  for 
banking  purposes,  nor  renew  any  banking  corpora- 
tion now  in  existence,  except  upon  the  condition  that 
the  stockholders  shall  be  liable  to  the  amount  of  their 
respective  share  or  shares  of  stock  in  such  banking 
institution,  for  all  its  debts  and  liabilities,  upon  note, 
bill,  or  otherwise,  and  upon  the  further  condition, 
that  no  director  or  other  officer  of  said  corporation, 
shall  borrow  any  money  from  said  corporation,  and 
if  any  director  or  other  officer  shall  be  convicted  upon 
indictment,  of  directly  or  indirectly,  violating  this 
section,  he  shall  be  punished,  by  tine  or  imprison- 
ment, at  the  discretion  of  the  court.  The  books, 
papers,  and  accounts  of  all  banks  shall  be  open  to 
inspection,  under  such  regulations  as  may  be  pre-' 
scribed  by  law.     Md.,  204. 

— The  Legislature  shall  provide  by  law  for  the  regis- 
try of  all  bills  or  notes  issued  or  put  in  circulation  as 
money,  and  sliall  require  security  to  the  full  amount 
of  notes  and  bills  so  registered  in  State  or  United 
States  stocks,  bearing  interest,  which  shall  be  depos- 
ited with  the  State  Treasurer,  for  the  redemption  of 
such  bills  or  notes  in  specie.  Min.,  328  ;  Mich.,  312. 
— And  in  ca.se  of  a  depreciation  of  said  stocks,  or  any 
part  thereof,  to  the  amount  of  ten  per  cent,  or  more 
on  the  dollar,  the  bank  or  banks  owning  said  stock 
shall  be  required  to  make  up  said  deficiency  by  addi- 
tional stocks.     Min.,  328. 

— The  Legislature  shall  pass  no  law  authorizing  or 
sanctioning  the  suspension  of  specie  payments  by 
any  person,  association  or  corporation.  Mich.,  312. 
— The  Legislature  may,  by  a  vote  of  two-thirds  of 
the  members  elected  to  each  House  create  a  single 
bank  with  branches*.  Afich.,  312. 
— The  Legislature  shall  have  no  power  to  pass  any 
law  sanctioning  in  any  manner,  directly  or  indirectly, 
the  suspension  of   specie  payments  by  any  jierson. 


173 

1  g  7.  The  Stockholders  iu  every  corporation  and  joint  stock  association  for 

2  banking-  purposes,  issuing  bank  notes  or  any  kind  of  paper  credits  to  circulate 

3  as  money,  after  the  first  day  of  January,  one  thousand  eight  hundred  and 

4  fifty,  shall  be  individually  responsible  to  the  amount  of  their  respective  share 

5  or  shares  of  stock  in  any  such  corporation  or  association,  for  all  its  debts  and 

6  liabilities  of  every  kind,  contracted  after  the  said  first  day  of  January,  one 

7  thousand  eight  hundred  and  fifty. 

1  §  8.  In  case  of  the  insolvency  of  any  bank  or  banking  association,  the  bill- 

2  holders  thereof  shall  be  entitled  to  preference  iu  payment  over  all  other  creditors 

3  of  such  bank  or  association. 


association,  or  corporation  issuing  bank  notes  of  any 
description,     ilin.,  327. 

— Any  general  banking;  law  wbich  may  be  passed 
in  accordance  with  this  article,  shall  provide  for 
recording  the  names  of  all  stockholders  in  such  cor- 
porations, the  amount  of  stock  held  by  each,  the 
time  of  transfer,  and  to  whom  transferred.  Min., 
328. 

— The  Legislature  may,  by  a  two-thirds  vote,  pass  a 
general  banking  law,  with  the  following  restrictions 
and  requirements.     Min.,  327. 

— No  corporate  body  shall  hereafter  be  created, 
renewed,  or  extended,  with  the  privilege  of  making, 
issuing,  or  putting  in  circulation  any  notes,  bills,  or 
other  paper,  or  the  paper  of  any  other  bank,  to  cir- 
culate as  money ;  and  the  General  Assembly  shall 
prohibit,  by  law,  individuals  and  corporations  from 
issuing  bills,  checks,  tickets,  promissory  notes,  or 
other  paper  to  circulate  as  money.  Mo..  360. 
— The  General  Assembly  shall,  at  its  first  session  after 
this  Constitution  goes  into  effect,  enact  laws  enabling 
any  of  the  existing  banks  of  issue  to  reorganize  as 
national  banks  under  the  act  of  Congress  ;  and  shall 
also  provide  for  the  sale  of  the  stock  owned  by  this 
State  in  the  Bank  of  the  State  of  Missouri,  upon  such 
terms  and  conditions  as  shall  be  by  law  established. 
Mo.,  360. 

— No  bank  notes  or  paper  of  any  kind  shall  ever  be 
permitted  to  circulate  as  money  in  this  State,  except 
the  federal  currency  and  tlie  notes  of  banks  autho- 
rized under  the  laws  of  Congress.  Nev.  389. 
-  The  assent  of  three-fifths  of  the  members  elected 
to  each  House,  shall  be  requisite  to  the  passage  of 
every  law  for  granting,  continuing,  altering,  amend- 
ing, or  renewing  charters  for  banks  or  money  cor- 
porations; and  all  such  charters  shall  be  limited  to  a 
term  not  exceeding  twenty  years.  N.  J.,  415. 
— The  Legislative  Assembly  shall  not  have  the  power 
to  establish  or  incorporate  any  bank,  or  banking 
company,  or  monied  institution  whatever;  nor  shall 
any  bank,  company,  or  institution  exist  in  the  State, 
with  the  privilege  of  making,  issuing,  or  putting  in 
circulation  any  bill,  check,  certificate,  promissory 
note,  or  other  paper,  or  the  paper  of  any  bank,  com- 
pany, or  person,  to  circulate  as  money.  Or.,  457. 
— No  corporate  body  shall  be  hereafter  created, 
renewed  or  extended  with  banking  or  discounting 
privileges,  without  six  months'  previous  public  notice 
of  the  intended  application  for  the  same  in  such  man- 
ner as  shall  be  prescribed  by  law.  Nor  shall  any 
charter  for  the  purposes  aforesaid,  be  granted  for  a 
longer  period  than  twenty  years,  and  every  such 
charter  shall  contain  a  clause  reserving  to  the  Legis- 
lature the  power  to  alter,  revoke  or  annul  the  same, 
whenever  in  their  opinion  it  may  be  injurious  to  the 
citizens  of  tli*  Commonwealth  ;  in  such  manner,  how- 
ever, that  no  injustice  shall  be  done  to  the  corpora- 
44 


tors.  No  law  hereafter  enacted,  shall  create,  renew 
or  extend  the  charter,  of  more  than  one  corporation. 
Pa.,  463. 

— No  corporate  body  shall  hereafter  be  created, 
renewed,  or  extended  with  banking  or  discounting 
privileges.     Tex.,  516. 

— The  Legislature  shall  prohibit  by  law,  individuals 
from  issuing  bills,  checks,  promissory  notes,  or  other 
paper  to  circulate  as  money.  Tex.,  517. 
— No  act  to  incorporate  any  bank  of  circulation  or 
internal  improvement  company,  or  to  confer  addi- 
tional privileges  on  the  same,  shall  be  passed,  unless 
public  notice  of  tiie  intended  application  for  such  act 
be  given  under  such  regulations  as  shall  be  prescribed 
by  law.      TF.  Va.,  558. 

• — The  Legislature  may  submit  to  the  voters  at  any 
general  election,  the  question  of  "bank  or  no  bank," 
and  if  at  any  such  election  a  number  of  votes  equal 
to  a  majority  of  all  the  votes  cast  at  such  election  on 
that  subject  shall  be  in  favor  of  banks,  then  the  Leg- 
islature shall  have  power  to  grant  bank  charters,  or 
to  pa.ss  a  general  banking  law,  with  such  restrictions 
and  under  such  regulations  as  they  may  deem  expe- 
dient and  proper,  for  the  security  of  the  billholders; 
Provided,  That  no  such  grant  or  law  shall  have  any 
force  or  effect  until  the  same  shall  have  been  sub- 
mitted to  a  vote  of  the  electors  of  the  State  at  some 
general  election,  and  been  approved  by  a  majority  of 
the  votes  cast  on  that  subject  at  such  election.  Wis., 
570. 

— The  Legislature  shall  not  have  power  to  create, 
authorize  or  incorporate,  by  any  general  or  special 
law,  any  bank  or  banking  power  or  privilege,  or  any 
institution  or  corporation  having  any  banking  power, 
or  privilege  whatever,  except  as  provided  iu  this 
article.     Wis.,  570. 


LIABILITY  OP  STOCKHOLDERS  AND  OP  COR- 
PORATIONS. 

—The  stockholders  shall  be  respectively  liable  for  the 
debts  of  the  bank,  in  proportion  to  the  amount  of 
their  stock.     Ala.,  77. 

— Dues  from  corporations  shall  be  secured  by  such 
individual  liability  of  the  corporators,  and  other 
means,  as  may  be  prescribed  by  law.  Cid.,  99. 
— Each  stockholder  of  a  corporation,  or  joint-stock 
association,  shall  be  individually  and  personally  liable 
for  his  proportion  of  all  its  debts  and  liabihties. 
Cat,  99. 

— Dues  from  corporations,  not  posses.sing  banking 
powers  and  privileges,  shall  be  secured  by  such  indi- 
vidual liabilities  of  the  corporators,  or  other  means, 
as  may  be  prescribed  by  law.  Ill,  164. 
— The  stockholders  in  every  corporation,  or  joint- 
stock  association  for  banking  purposes,  issuing  bank 


174 


notes,  or  any  kind  of  paper  credits  to  circulate  as 
mone}',  shall  be  individually  responsible,  to  the 
amount  of  their  respective  share  or  shares  of  slock  in 
any  such  corporation  or  association,  for  all  debts  and 
liabihties  of  every  kind.  Ill,  IG4. 
— The  stockholders  in  every  bank  or  banking  com- 
pany shall  be  individually  responsible  to  an  amount 
over  and  above  their  stock,  equal  to  their  respective 
shares  of  stock,  for  all  debts  or  liabilities  of  said  bank 
or  banking  company.  Jnd.,  179. 
— Dues  from  corporations,  other  than  banking,  shall 
be  secured  by  such  individual  liability  of  the  corpo- 
rators, or  other  means,  as  may  be  prescribed  by  law. 
Ind.,  179. 

— Every  stockholder  in  a  banking  corporation  or 
institution  shall  be  individually  responsible  and  liable 
to  its  creditors,  over  and  above  the  amount  of  stock 
by  him  or  her  held,  to  an  amount  equal  to  his  or  her 
respective  shares  so  held,  for  all  its  liabilities,  accru- 
ing while  he  or  she  remains  such  stockholders.  Iowa, 
191. 

— Dues  from  corporations  shall  be  secured  by  indivi- 
dual liability  of  the  stockholders  to  an  additional 
amount  equal  to  the  slock  owned  by  each  stock- 
holder, and  such  other  means  as  shall  be  provided  by 
law ;  but  such  individual  liabilities  shall  not  apply  to 
railroad  corporations,  nor  corporations  for  religious 
or  charitable  purposes.  Kan.,  215. 
— The  stockholders  of  all  corporations  and  joint  stock 
associations  shall  be  individually  liable  for  all  labor 
performed  for  such  corporation  or  association.  Midi., 
312. 

— Each  stQckholder  in  any  corporation  shall  be  liable 
to  the  amount  of  the  stock  held  or  owned  by  him. 
Min.,  328. 

— Dues  from  private  corporations  shall  be  secured  by 
such  means  as  may  be  prescribed  by  law ;  but  in  all 
cases  each  stockholder  shall  be  individually  liable, 
over  and  above  the  slock  by  him  or  her  owned,  and 
any  amount  unpaid  thereon,  in  a  further  sum,  at  least 
equal  in  amount  to  such  stock.  Mo.,  200. 
— Dues  from  corporations  shall  be  secured  by  such 
means  as  may  be  prescribed  by  law  ;  Provided,  That 
corporators  in  corporations  formed  under  the  laws  of 
this  State,  shall  not  be  individually  liable  for  the 
debts  or  liabilities  ol  such  corporation.  Neo.,  388. 
— Dues  from  corporations  shall  be  secured,  by  such 
individual  liability  of  the  stockholders,  and  other 
means,  as  may  be  prescribed  by  law;  but,  in  all 
cases,  each  stockholder  shall  be  liable,  over  and  above 
the  stock  by  him  or  her  owned,  and  any  amount 
unpaid  thereon,  to  a  further  sum,  at  least  equal  in 
amount  to  such  stock.  Ohio,  443. 
— The  stockholders  of  all  corporations  and  joint- 
stock  companies  shall  be  liable  for  the  indebtedness 
of  said  corporation  to  the  amount  of  their  stock  sub- 
scribed and  unpaid,  and  no  more.  Or.,  457. 
— Corporations  may  sue  and  be  sued  in  all  courts  in 
like  manner  as  individuals.  A^ev.,  389. 
— The  stockholders  in  any  corporation  and  joint  asso- 
ciation for  banking  purposes,  issuing  bank  notes,  shall 
be  individually  liable  in  an  amount  equal  to  double 
the  amount  of  stock  owned  by  them  for  all  the  debts 
of  such  corporation  or  association ;  and  such  indi- 
vidual liability  shall  continue  for  one  year  after  any 
transfer  or  sale  of  stock  by  any  stockholder  or  stock- 
holders.    Mill.,  329. 

— The  officers  and  stockholders  of  every  corporation 
or  association  for  banking  purposes  issuing  bank  notes 
or  paper  credits  to  circulate  as  money,  shall  be  indi- 
vidually liable  for  all  debts  contracted  during  the 
time  of  their  being  officers  or  stockholders  of  such 
corporation  or  association.     Mich.,  312. 


STATE  INSTITUTIONS. 

— It  shall  be  the  duty  of  the  General  Assembly  to 
provide  by  law  for  the  support  of  institutions  for  the 
education  of  the  deaf  and  dumb,  and  of  the  lilind,  and 
also  for  the  treatment  of  the  insane.     Ind,  178. 
— The   General   Assembly  shall   provide   bouses  of 


refuge  for  the  correction  and  reformation  of  juvenile 
offenders.     Ind.,  178. 

— Institutions  for  the  benefit  of  the  insane,  blind  and' 
deaf  and  dumb,  and  such  other  benevolent  institu- 
tions as  the  public  good  may  require,  shall  be  fostered 
and  supported  by  the  State,  subject  to  such  regula- 
tions as  may  be  prescribed  by  law.  Trustees  of  such 
benevolent  institutions  as  may  be  hereafter  created 
shall  be  appointed  by  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate;  and  upon  all 
nominations  made  by  the  Governor,  the  question 
shall  be  taken  by  yeas  and  nays,  and  entered  upon 
the  joiu-ual.     Kon.,  203. 

— A  penitentiary  shall  be  established,  the  directors 
of  which  shall  be  appointed  or  elected,  as  prescribed 
by  law.     Kurt.,  203. 

— Tlie  Governor  shall  fill  any  vacancy  that  may  occur 
in  the  offices  aforesaid,  until  the  next  .se.ssion  of  the 
Legislature,  and  until  a  successor  to  his  ajipointee 
shall  be  confirmed  and  qualified.  Kan.,  203. 
— Institutions  for  the  benefit  of  those  inhabitants  who 
are  deaf,  dumb,  blind  or  insane,  shall  alwaj's  be  fos- 
tered and  supported.  Mich.,  311. 
— Institutions  for  the  benefit  of  the  insane,  blind,  and 
deaf  and  dumb,  and  such  other  benevolent  institutions 
as  the  public  good  may  require,  shall  bo  fostered  and 
supported  by  the  Slate,  subject  to  such  regulations 
as  may  be  prescribed  by  law.  Nev.,  .'iDl. 
— A  State  Prison  shall  be  established  and  maintained 
in  such  a  manner  as  uniy  be  prescribed  by  law,  and 
provision  may  be  made  by  law  for  the  establishment 
and  maintenance  of  a  House  of  Refuge  for  juvenile 
ofl'enders.     Kev.,  391. 

— The  respective  counties  of  the  Slate  shall  provide, 
as  may  be  prescribed  by  law,  for  those  inliabilants 
who,  by  reason  of  age  and  infirinilies,  or  misfortunes, 
may  have  claim  upon  the  sympathy  and  aid  of  society. 
A'fTO.,  203;  Nev.,  391. 

— Institutions  for  the  benefit  of  the  insane,  blind,  and 
deaf  and  dumb,  shall  always  he  fostered  and  sup- 
ported by  the  Slate,  and  be  subject  to  such  regula- 
tions as  may  be  prescribed  by  the  General  Assembly. 
Ohio,  439. 

— The  Directors  of  the  Penitentiary  shall  be  appointed 
or  elected  in  sucli  manner  as  the  General  Assembly 
may  direct ;  and  the  trustees  of  the  benevolent  and 
other  State  institutions,  now  elected  by  the  General 
Assembly,  and  of  sucli  other  State  institutions  as  may 
be  hereafter  created,  shall  be  appointed  by  the  Gov- 
ernor, by  and  with  the  advice  and  consent  of  the 
Senate ;  and  upon  all  nominations  made  by  the  Gov- 
ernor tlie  question  shall  be  taken  by  yea^  and  nays 
and  entered  upon  the  journals  of  the  Senate.  Ohio, 
439. 

— The  Governor,  Secretary  of  State,  and  Attorney- 
General  shall  constitute  a  Board  of  State  Prison 
Conmiissioners,  which  Board  shall  have  siicli  super- 
vision of  all  matters  connected  witli  the  State  prison 
as  may  be  provided  by  law.  They  shall  also  consti- 
tute a  Board  of  Examiner.s,  with  power  to  examine 
all  claims  against  the  State,  except  salaries  or  com- 
pensation of  officers  fixed  by  law,  and  perform  such 
other  duties  as  may  be  prescribed  by  law.  And  no 
claim  against  the  State  except  salaries  or  compensa- 
tion of  otiicers  fi.xed  by  law,  shall  be  passed  upon 
by  the  Legislature  without  having  been  considered 
and  acted  upon  by  said  Board  of  Examiners.  Nev., 
385. 

— The  four  hundred  thousand  acres  of  land  that  have 
been  surveyed  and  set  apart  under  the  provisions  of 
a  law  approved  30th  August,  A.  D.  1856,  for  the 
benefit  of  a  lunatic  asylum,  a  deaf  and  dumb  asylum, 
a  blind  asylum,  and  an  orphan  asylum,  shall  consti- 
tute a  fund  for  the  support  of  such  institution.s,  one- 
fourth  part  for  eacli ;  and  the  said  fund  shall  never  be 
diverted  to  any  other  purpose.  The  said  lands  may 
be  sold,  and  the  funds  invested  under  the  same  rules 
and  regulations  as  provided  lor  the  lands  belonging 
to  the  school  fund.  The  income  of  said  fiind  only 
shall  be  applied  to  the  support  of  such  institutions ; 
and  until  so  applied  shall  be  invested  in  the  same 
manner  as  the  principal.     Tex.,  520. 


175 


1  S  9-  It  shall  be  the  duty  of  the  Legislature  to  provide  for  the  organization 

2  of  cities  and  incorporated  villages,  and  to  restrict  their  power  of  taxation, 

3  assessment,  borrowing  money,  contracting  debts  and  loaning  their  credit,  so 

4  as  to  prevent  abuses  in  assessments,  and  in  contracting  debt  by  such  municipal 


5  corporations. 

COUNTIES— COUNTY  SEATS. 

— The  General  Assembly  may,  by  a  vote  of  two- 
thirds  of  both  branches  thereof,  arrange  and  desig- 
nate boundaries  for  the  several  counties  of  this  State, 
whicli  boundaries  shall  not  be  altered  except  by  a 
like  vote;  but  no  new  county  shall  be  hereafter 
formed  of  less  extent  than  six  hundred  square  miles, 
nor  shall  any  existing  county  be  reduced  to  a  less 
extent  than  six  hundred  square  miles;  and  no  new 
county  shall  be  formed  not  containing  a  sufficient 
number  of  inhabitants  to  entitle  it  to  one  representa- 
tive under  the  existing  ratio  of  representation,  nor 
unless  the  counties  from  which  it  is  taken  shall  be 
left  with  the  required  number  entitling  them  to  sepa- 
rate representation.     Ala.,  74. 

— No  county  now  established  by  law  shall  ever  be 
reduced  by  the  establishment  of  any  new  county  or 
counties,  to  less  than  six  hundred  square  miles,  nor 
to  a  less  population  than  its  ratio  of  representation  in 
the  House  of  Representatives  ;  nor  shall  any  county 
be  hereafter  established  which  shall  contain  less  than 
si.K  hundred  square  miles,  or  a  less  population  than 
would  entitle  each  county  to  a  member  in  the  House 
of  Representatives.     Ark.,  S7. 

— The  Legislature  shall  establish  a  system  of  county 
and  town  governments,  which  shall  be  as  nearly  uni- 
form as  practicable  throughout  the  State.  C'al.,  104 ; 
iriv.,  563. 

—  If  a  new  county  be  established,  it  shall  be  added  to 
a  district  which  it  adjoins.  The  Senatorial  districts 
may  be  changed  by  the  General  Assembly,  but  only 
at  the  first  session  after  the  taking  of  each  census  by 
the  United  States  Government,  and  their  number 
shall  never  be  increased.  Ga.,  144. 
— They  may  alter  the  boundaries  of  counties,  and 
establish  new  counties ;  but  every  bill  to  establish  a 
new  county  shall  be  passed  by  at  least  two-thirds  of 
the  members  present  in  each  branch  of  the  General 
Assembly.      Ga.,  146. 

— No  county  shall  be  divided,  or  have  any  part 
stricken  therefrom,  without  submitting  the  question 
to  a  vote  of  the  people  of  the  county,  nor  unless  a 
majority  of  all  the  legal  voters  of  the  county,  voting 
on  the  question,  shall  vote  on  the  same.  Ill,  162. 
— There  shall  be  no  territory  stricken  from  any  county 
unless  a  majority  of  the  voters  living  in  such  terri- 
tory shall  petition  for  such  division  ;  and  no  territory 
shall  be  added  to  any  county  without  the  consent  of 
the  majority  of  the  voters  of  the  county  to  which  it 
is  proposed  to  be  added.  III.,  163. 
— All  territory  which  has  been  or  may  be  stricken 
off,  by  Legislative  enactment,  from  any  organized 
county  or  counties,  for  the  purpose  of  forming  a  new 
county,  and  which  shall  remain  unorganized  after 
the  period  provided  for  such  organization,  shall  be 
and  remain  a  part  of  the  county  or  counties  from 
which  it  was  originally  taken,  for  all  purposes  of 
county  and  State  government,  until  otherwise  pro- 
vided by  law.     Ill,  163. 

— No  county  seat  shall  be  removed  until  the  point  to 
which  it  is  proposed  to  be  removed  shall  be  lixed  by 
law,  and  a  majority  of  the  voters  of  the  county  shall 
have  voted  in  favor  of  its  removal  to  such  point. 
lU.,  163. 

— The  General  Assembly  shall  provide,  by  a  general 
law,  for  a  town.ship  organization,  under  which  any 
county  may  organize  whenever  a  majority  of  the 
voters  of  such  county,  at  any  general  election,  shall 


so  determine ;  and  whenever  any  county  shall  adopt 
a  township  organization,  so  much  of  this  Constitu- 
tion as  provides  for  the  management  of  tlie  fiscal 
concerns  of  the  said  county  by  the  County  Court 
may  be  dispensed  with,  and  the  alTairs  of  said  county 
may  be  transacted  in  such  manner  as  the  General 
Assembly  may  provide.  III.,  1G3. 
— No  new  county  shall  be  formed  or  establi-shed  by 
the  General  Assembly,  which  will  reduce  tlie  county 
or  counties,  or  either  of  them,  from  which  it  shiiU  be 
taken,  to  less  contents  than  four  hundred  square 
miles ;  nor  shall  any  county  be  formed  of  less  con- 
tents; nor  shall  any  line  thereof  pass  within  less 
than  ten  miles  of  any  county  seat  of  the  county  or 
counties  proposed  to  be  divided.  III.,  162. 
— All  lands  which  have  been  granted,  as  a  "common," 
to  the  inliabitants  of  any  town,  hamlet,  village,  or 
corporation,  by  any  person,  body  politic,  or  corporate, 
or  by  any  government  having  power  to  make  such 
grant,  shall  forever  remain  common  to  the  inhabit- 
ants of  such  town,  hamlet,  village,  or  corporation ; 
but  the  said  common.s,  or  any  of  them,  or  any  part 
thereof,  may  be  divided,  leased,  or  granted  in  such 
manner  as  may  hereafter  be  provided  by  law,  on 
petition  of  a  majority  of  the  qualified  voters  interested 
in  such  commons  or  any  of  them.  III.,  165. 
— No  county  shall  be  reduced  to  an  area  less  than 
four  hundred  square  miles;  nor  shall  any  county 
under  that  area  be  further  reduced.  Ind.,  181. 
— No  new  county  shall  be  hereafter  created  contain- 
ing less  than  four  hundred  and  thirty-two  square 
miles ;  nor  shall  the  territory  of  any  organized  county 
be  reduced  below  that  area,  except  the  county  of 
Worth,  and  the  counties  west  of  it,  on  the  Minnesota 
line,  may  be  organized  without  additional  territory. 
Iowa,  194. 

— The  Legislature  shall  provide  for  organizing  new 
counties,  locating  county  seats,  and  clianging  county 
hues;  but  no  county  seat  shall  be  changed  without 
the  consent  of  a  majority  of  the  electors  of  the 
county,  nor  any  county  organized,  nor  the  lines  of 
any  county  changed,  so  as  to  include  an  area  of  less 
than  four  hundred  and  thirty-two  square  miles. 
Kan.,  203. 

— When  a  new  county  shall  be  erected,  officers  for 
the  same,  to  serve  until  the  next  stated  election,  shall 
be  elected,  or  appointed  in  sucli  a  way  and  at  such 
times  as  the  General  As.sembly  may  prescribe. 
Ay.,  219. 

—The  General  Assembly  may  provide  for  organizing 
new  counties,  locating  and  removing  county  seats 
and  changing  county  lines,  but  no  new  county  shall 
be  organized  without  the  consent  of  a  majority  of  the 
legal  voters  residing  within  the  limits  about  to  form 
said  county,  nor  shall  the  lines  of  any  county  be 
changed  without  the  consent  of  a  majority  of  the 
legal  voters  residing  within  the  limits'  of  the  lines 
proposed  to  be  changed,  nor  shall  any  new  county 
contain  less  than  four  hundred  square  miles  nor  less 
than  ten  thousand  white  inliabitants,  nor  shall  any 
county  be  reduced  below  that  amount  of  square 
miles,  nor  below  that  number  of  white  inhabitants. 
Md..  235. 

— -The  General  Assembly  shall  provide  by  general 
law  for  dividing  the  counties  into  townships  or  per- 
manent municipal  corporations,  in  place  of  the  exist- 
ing election  districts,  prescriljing  their  limits  and 
confiding  to  them  all  powers  necessary  for  tlie  man- 
agement of  their  public  local  concerns ;  and  whenever 


176 


the  orfranization  of  these  township  corporations  shall 
be  perfected,  all  officers  provided  I'or  in  this  Consti- 
tution, but  whose  official  functions  shall  have  been 
superseded  by  such  organization  shall  be  dispensed 
with,  and  the  affairs  of  such  townships  and  of  the 
counties  as  affected  by  the  action  of  such  towDships 
shall  be  transacted  in  such  manner  as  the  General 
Assembly  may  direct,  ild.,  276. 
— The  General  Court  shall  have  full  power  and 
authority  to  erect  and  constitute  municipal  or  city 
governments,  in  any  corporate  town  or  towns  in  this 
Commonwealth,  and  to  grant  to  the  inhabitants 
thereof  such  powers,  privileges  and  immunities  not 
repugnant  to  the  Constitution,  as  the  General  Court 
shall  deem  necessary  or  expedient  for  the  regulation 
and  government  thereof,  and  to  prescribe  the  manner 
of  calling  and  holding  public  meetings  of  the  inhab- 
itants in  wards  or  otherwise,  for  the  election  of 
officers  under  the  Constitution,  and  the  manner 
of  returning  the  votes  given  at  such  meetings;  Pro- 
vided, That  no  such  government  shall  be  erected  or 
constituted  in  any  town  not  containing  twelve  thou- 
sand inhabitants;  nor  unless  it  be  with  the  consent, 
and  on  the  applicaliou  of  a  majority  of  the  inhabit- 
ants of  such  town  present  and  voting  thereon,  pur- 
suant to  a  vote  at  a  meeting  duly  warned  and  holdcn 
for  that  purpose;  And  provided,  also,  That  all  by-laws 
made  by  such  municipal  or  city  government  shall  be 
subject,  at  all  times,  to  be  annulled  by  the  General 
Court.     Mass.,  294. 

— No  county  seat  once  established  shall  be  removed 
until  the  place  to  which  it  is  proposed  to  be  removed 
shall  be  designated  by  two-thirds  of  the  Board  of 
Supervisors  of  the  county,  and  a  majority  of  the 
electors  voting  thereon  shall  have  voted  in  favor  of 
the  proposed  location,  in  such  manner  as  shall  be 
prescribed  by  law.     Mich.,  309. 

— Each  organized  township  shall  be  a  body  corporate, 
with  such  powers  and  immunities  as  shall  be  pre- 
scribed by  law.  All  suits  and  proceedings  by  or 
against  a  township,  shall  be  in  the  name  thereof 
Mich.,  309. 

— Nor  organized  county  shall  ever  be  reduced  by  the 
organization  of  new  counties  to  less  than  sixteen 
townships,  as  surveyed  by  the  United  States,  unless 
in  pursuance  of  law,  a  majority  of  electors  residing 
in  each  county  to  be  affected  thereby  shall  so  decide. 
The  Legislature  may  organize  any  city  into  a  sepa- 
rate county,  when  it  has  attained  a  population  of 
twenty  thousand  inhabitants,  without  reference  to 
geographical  extent,  when  a  majority  of  the  electors 
of  a  county  in  which  such  city  may  be  situated, 
voting  thereon,  shall  be  in  favor  of  a  separate  organ- 
ization.    Mich.,  309. 

— Each  organized  county  shall  be  a  body  corporate, 
with  such  powers  and  immunities  as  shall  be  estab- 
hshed  by  law.  All  suits  and  proceedings  by  or  against 
a  county  shall  be  in  the  name  thereof.  Mich.,  309. 
— Any  territory  attached  to  any  county  for  judicial 
purposes,  if  not  otherwise  represented,  shall  be  con- 
sidered as  forming  a  part  of  such  county,  so  far  as 
regards  elections  for  the  purpose  of  representation. 
Mich.,  317. 

— The  Legislature  may  organize  any  city  into  a 
separate  county,  when  it  has  attained  a  population  of 
twenty  thousand  inhabitants,  without  reference  to 
geographical  extent,  when  a  majority  of  the  electors 
of  the  county  in  which  such  city  may  be  situated, 
voting  thereon,  shall  be  in  favor  of  a  separate  organi- 
zation.    Mill.,  328. 

— The  Legislature  may,  from  time  to  time,  establish 
and  organize  new  counties;  but  no  new  county  shall 
contain  less  than  four  hundred  square  miles;  nor  shall 
any  county  be  reduced  below  that  amount;  and  all 
laws  changing  county  lines  in  counties  already  organ- 
ized, or  for  removing  county  seats,  shall,  before  taking 
effect,  be  submitted  to  tlie  electors  of  the  county  or 
counties  to  be  affected  thereby,  at  the  next  genend 
election  after  the  passage  thereof,  and  be  adopted  by 
a  majority  of  such  electors.  Counties  now  estab- 
h.shed  may  be  enlarged,  but  not  reduced  below  four 
hundred  square  miles.     Min.,  328. 


— Laws  may  be  passed  providing  for  the  organization, 
for  municipal  and  other  town  purposes,  of  any  con- 
gressional or  fractional  townships  in  the  several 
counties  in  the  State,  provided  that  when  a  town- 
ship is  divided  by  county  lines,  or  does  not  contain 
one  hundred  inhabitants,  it  may  be  attached  to  one 
or  more  adjacent  townships,  or  parts  of  townships, 
for  the  purposes  aforesaid.  Min.,  328. 
— No  new  county  shall  be  established  by  the  Legis- 
lature, which  shall  reduce  the  county  or  counties,  or 
either  of  them,  from  which  it  may  be  taken,  to  less 
contents  than  five  hundred  and  seventy-six  square 
miles;  nor  shall  any  new  county  be  laid  off  of  less 
contents,     i/is.?.,  343. 

— The  General  Assembly  shall  have  no  power  to 
establish  any  new  county  with  a  territory  of  less 
than  five  hundred  square  miles,  or  with  a  population 
less  than  the  ratio  of  representation  existing  at  the 
time;  nor  to  reduce  any  county  now  established  to 
less  than  that  area,  or  to  less  population  than  such 
ratio.     Mo.,  354. 

— The  General  Assembly  shall  have  no  power  to 
remove  the  county  seat  of  any  county  unless  two- 
thirds  of  the  qualified  voters  of  the  county,  at  a  gen- 
eral election,  shall  vote  in  favor  of  such  removal. 
No  compensation  or  indemnity  for  real  estate,  or  the 
improvements  thereon,  affected  by  such  removal, 
shall  be  allowed.     Mo.,  354. 

—And  the  Legislature,  on  the  application  of  the 
major  part  of  the  inhabitants  of  any  county,  shall 
have  authority  to  divide  the  same  into  two  districts 
for  registering  deeds,  if  to  them  it  shall  appear  neces- 
sary ;  each  district  to  elect  a  Register  of  Deeds ;  and 
before  they  enter  upon  the  business  of  their  offices, 
shall  he  respectively  sworn  faithfully  to  discharge  the 
duties  thereof,  and  shall  severally  give  bond,  with 
sufficient  sureties,  in  a  reasonable  sum,  for  the  u.se  of 
the  county,  for  the  punctual  performance  of  their 
respective  trusts.     N.  H.,  408. 

— The  General  Assembly  shall  attach  any  new  coun- 
ties, that  may  hereafter  be  erected,  to  such  districts, 
or  subdivisions  thereof,  as  shall  be  most  convenient. 
Ohio,  442. 

-No  new  county  shall  contain  less  than  four  hun- 
dred square  miles  of  territory,  nor  shall  any  county 
be  reduced  below  that  amount;  and  all  laws  creating 
new  counties,  changing  county  lines,  or  removing 
county  seats,  shall,  before  taking  effect,  be  submitted 
to  the  electors  of  the  several  counties  to  be  afiected 
thereby,  at  the  next  general  election  afler  the  passage 
thereof,  and  be  adopted  by  a  majority  of  all  the 
electors  voting  at  such  election,  in  each  of  said  coun- 
ties; but  any  county  now  or  hereafter  containing 
one  hundred  thousand  inhabitants,  may  be  divided, 
whenever  a  majority  of  the  voters,  residing  in  each 
of  the  proposed  division.s,  shall  approve  of  the  law 
passed  for  that  purpose ;  but  no  town  or  city  within 
the  same,  shall  be  divided,  nor  sliall  either  of  the 
divisions  contain  less  than  twenty  thousand  inhabit- 
ants.    Ohio,  435. 

— No  county  shall  be  reduced  to  an  area  less  than 
four  hundred  square  miles;  nor  shall  any  new  county 
be  established  in  this  State  containing  a  less  area,  nor 
unless  such  new  county  shall  contain  a  population  of 
at  least  twelve  hundred  inhabitants.  Or.,  458. 
— The  citizens  who  may  be  included  in  any  new 
county,  shall  vote  with  the  county  or  counties  from 
which  they  may  have  been  stricken  oft'  for  members 
of  Congress,  for  Governor,  and  for  members  of  the 
General  Assembly,  until  the  next  apportionment  of 
members  to  the  General  Assembly  after  the  estab- 
lishment of  such  new  county.  Tenn.,  498. 
— New  counties  may  be  established  by  the  Legisla- 
ture, to  consist  of  not  less  than  three  hundred  and 
fifty  square  miles,  and  which  shall  contain  a  popula- 
tion of  four  hundred  and  fifty  qualified  voters.  No 
line  of  such  county  shall  approach  the  court-house  of 
any  old  county  from  which  it  may  be  taken,  nearer 
than  twelve  miles.  No  part  of  a  county  shall  be 
taken  to  form  a  new  county  or  a  part  thereof,  with- 
out the  consent  of  a  majority  of  the  qualified  voters 
in  such  part  taken  off.     And  in  all  cases  where  an 


177 


old  county  may  be  reduced  for  the  purpose  of  form- 
ing a  new  one,  the  seat  of  justice  in  said  old  county 
sliall  not  be  removed  witliout  the  concurrence  of 
two-thirds  of  both  branches  of  the  Legislature,  nor 
shall  said  old  county  be  reduced  to  less  than  six  hurw- 
dred  and  twenty-five  square  miles. 

[Special  clauses  are  inserted  in  Constitution  relative 
to  counties  named.]  Tenn.,  498. 
— No  county  shall  be  divided  by  a  line  cutting  off 
over  one  tenth  of  its  population  (either  to  form  a  new 
county,  or  otherwise),  without  the  express  assent  of 
such  county,  by  a  vote  of  the  electors  thereof;  nor 
shall  any  new  county  be  established,  containing  less 
than  four  hundred  square  miles.  Pa.,  471. 
— The  Legislature  may,  from  time  to  time,  aboUsh 
new  counties  for  the  convenience  of  the  inhabitants  of 
such  new  county  or  counties  ;  Provided,  That  no  new 
county  shall  be  established  which  shall  reduce  the 
county  or  counties,  or  either  of  them,  from  which  it 
shall  be  taken,  to  a  less  area  than  nine  hundred 
square  miles,  unless  by  consent  of  two-thirds  of  the 
Legislature,  nor  shall  any  county  be  organized  of 
less  contents ;  Provided  further,  That  all  counties 
heretofore  created  are  hereby  declared  to  be  legally 
constituted  counties.  Every  pew  county  has  the 
right  of  suffrage  and  representation,  shall  be  consi- 
dered as  part  of  the  county  or  counties  from  which 
it  was  taken  until  the  next  apportionment  of  repre- 
sentation thereafter  ;  Provided  also.  That  no  new 
county  shall  be  laid  off,  when  less  than  one  hundred 
and  twenty  qualified  jurors  are  at  the  time  resident 
tlierein.     Tex.,  517. 

— No  new  county  shall  be  formed  with  an  area  of 
less  than  six  hundred  square  miles;  nor  shall  the 
county  or  counties  from  which  it  is  formed  be  reduced 
below  that  area,  nor  shall  any  county,  having  a  white 
population  less  than  five  thousand,  be  deprived  of 
more  than  one-fifth  of  such  population,  nor  shall  a 
county  having  a  larger  white  population  be  reduced 
below  four  thousand.  But  any  county,  the  length  of 
which  is  three  times  its  mean  breadth,  or  which 
exceeds  fifty  miles  in  length,  may  be  divided  at  the 
discretion  of  the  General  Assembly.  In  all  general 
elections  the  voters  in  any  county  not  entitled  to 
separate  representation  shall  vote  in  the  same  elec- 
tion district.      Va.,  539.     • 

— No  new  county  shall  be  formed  having  an  area  of 
less  than  four  hundred  square  miles;  or  if  another 
county  be  thereby  reduced  below  that  area,  or  if  any 
territory  be  thereby  taken  from  a  county  containing 
less  than  four  hundred  square  miles.  And  no  new 
county  shall  be  formed  containing  a  white  population 
of  less  than  four  thousand  ;  or  if  the  white  population 
of  another  county  be  thereby  reduced  below  that 
number ;  or  if  any  county  containing  less  than  four 
thousand  white  inhabitants  be  thereby  reduced  in 
area.     But  the  Legislature  may,  at  any  time,  annex 


any  county  containing  less  than  four  thousand  white 
inhabitants  to  an  adjoining  county  or  counties  as  a 
part  thereof      W.  Va ,  555. 

— No  county  with  an  area  of  nine  hundred  square 
miles  or  less  shall  be  divided,  or  have  any  part 
stricken  therefrom,  without  submitting  the  question 
to  a  vote  of  the  people  of  the  county,  nor  unless  a 
majority  .of  all  the  legal  voters  of  the  county, 
voting  on  the  question,  shall  vote  for  the  same. 
Wis.,  571. 

— No  county  seat  shall  be  removed  until  the  point  to 
which  it  is  proposed  to  be  removed  shall  be  fixed  by 
law,  and  a  majority  of  the  voters  of  the  county,  voting 
on  the  question,  shall  have  voted  in  favor  of  its 
removal  to  such  point.  Wis.,  571. 
— The  different  counties  in  this  Stale  shall  be  laid  off 
as  the  General  A.ssembly  may  direct,  into  districts  of 
convenient  size,  so  that  the  whole  number  in  each 
county  shall  not  be  more  than  twenty-five,  or  four 
for  every  one  hundred  square  miles.  There  shall  be 
two  Justices  of  the  Peace  and  one  Constable  elected 
in  each  district,  by  the  qualified  voters  therein,  except 
districts  including  county  towns,  which  shall  elect 
three  Justices  and  two  Constables.  The  jurisdiction 
of  said  officers  shall  be  co-extensive  with  the  county. 
Justices  of  the  Peace  shall  be  elected  for  the  term  of 
six,  and  Constables  for  the  term  of  two  years.  Upon 
the  removal  of  either  of  said  officers  from  the  district  in 
which  he  was  elected,  his  office  shall  become  vacant 
from  the  time  of  such  removal.  Justices  of  the  Peace 
shall  be  commissioned  by  the  Governor.  The  Legis- 
lature shall  have  power  to  provide  for  the  appoint- 
ment of  an  additional  number  of  Justices  of  the 
Peace  in  incorporated  towns.  Tenn.,  497. 
— Each  county,  town,  city,  and  incorporated  village, 
shall  make  provision  for  the  support  of  its  own  offi- 
cers, subject  to  such  restrictions  and  regulations  as 
the  Legislature  may  prescribe.  Cal,  104. 
— Every  county  shall  be  divided  into  not  less  than 
three,  nor  more  than  ten  townships,  laid  ofl"  as  com- 
pactly as  practicable,  with  reference  to  natural  bound- 
aries, and  containing  as  nearly  as  practicable,  an  equal 
number  of  white  population,  but  not  less  than  four 
hundred.     Each  township  shall  be  designated,   "  The 

Township  of in  the  county  of ,"  by  which 

name  it  may  sue  and  be  sued.  W.  Va.,  557. 
— The  Board  of  Supervisors  may  alter  the  bounds  of 
a  township  of  their  county,  or  erect  new  townships 
therein,  with  the  consent  of  a  majority  of  the  voters 
of  each  township  interested,  assembled  in  stated 
township  meeting,  or  in  a  meeting  duly  called  for  the 
purpose,  subject  to  the  provisions  of  the  first  section 
of  this  article.      W.  Va.,  555. 

— Nothing  contained  in  this  article  shall  impair  or 
aflect  the  charter  of  any  municipal  corporation,  or 
restrict  the  power  of  the  Legislature  to  create  or 
regulate  such  corporations.     W.  Va.,  555. 


45 


178 


AETIOLE  IX. 

1  Section  1.  The  capital  of  tho  Common  Scliool  Fund,  the  capital  of  the 

2  Literature  Fimd,  and  the  capital  of  the  United  States  Deposit  Fund,  shall  be 

3  respectively  preserved  inviolate.    The  revenues  of  the  said  Common  School 

4  Fund  shall  be  applied  to  the  support  of  common  schools  ;  the  revenues  of  the 

5  said  Literature  Fund  shall  be  applied  to  the  support  of  academies,  and  the 
C  sum  of  twenty-five  thousand  dollars  of  tho  revenues  of  the  United  States 

7  Deposit  Fund  shall  each  year  be  appropriated  to  and  made  a  part  of  the  capital 

8  of  the  said  Common  School  Fund. 


SCHOOLS— SCHOOL  FUNDS. 

— The  General  Assembly  shall  from  time  to  time 
enact  necessary  and  proper  laws  for  the  encourage- 
ment of  schools  and  the  means  of  education  ;  shall 
take  proper  measures  to  preserve  fiom  waste  or  dam- 
age .such  hinds  as^iave  been  or  ra.iy  be  granted  by 
the  United  Statexi'or  the  use  of  schools  in  each  town- 
ship in  this  State,  and  apply  the  funds  which  may  be 
raised  from  such  lands  in  strict  conformity  with  the 
object  of  such  grant;  shall  take  like  measures  for  the 
improvement  of  such  lands  as  have  been  or  may 
hereafter  be  granted  by  the  United  States  to  this 
State  for  the  support  of  a  seminary  of  learning;  and 
the  money  which  may  be  raised  from  such  lands  by 
rent,  lease  or  sale,  or  from  any  other  quarter,  for 
the  purpose  aforesaid,  shall  be  and  forever  remain  a 
fund  for  the  exclusive  support  of  a  State  university 
for  the  promotion  of  tlie  arts,  literature,  and  the 
sciences;  and  it  shall  be  the  duty  of  the  General 
Assembly  to  provide  by  law  effectual  means  for  the 
improvement  and  permanent  security  of  the  funds  of 
such  institution.     Ala.,  77. 

— Be  it  ordained,  That  no  act  of  the  Legislature  of  this 
State  prohibiting  the  education  of  any  class  of  the 
inhabitants  thereof,  shall  have  the  force  of  law.  Ark., 
95. 

— The  proceeds  of  all  lands  belonging  to  this  State, 
except  such  parts  thereof  as  may  be  reserved  or 
appropriated  to  piiblic  use,  or  ceded  to  the  United 
Staines,  which  sliall  hereafter  be  sold  or  disposed  of, 
together  with  tlie  fund  denominated  the  common 
school  fund,  shall  be  and  remain  a  perpetual  fund; 
the  interest  of  which  shall  be  inviolably  appropriated 
and  applied  to  the  support  of  common  schools 
throughout  this  Slate.  N.  Y.  (1821),  42. 
— Knowledge  and  learninggenerally  diffused  through- 
out a  community,  being  es.sential  to  the  preservation 
of  a  free  government,  and  diffusing  the  opportunities 
and  advantages  of  education  through  the  various  parts 
of  the  Slate,  being  highly  conducive  to  this  end,  it 
shall  be  the  duly  of  the  General  A.ssembly  to  provide 
by  law  for  the  improvement  of  such  lands  as  are  or 
hereafter  may  be  granted  by  the  United  States  to 
this  State  tor  the  use  of  schools,  and  to  apply  any 
fjnds  which  may  be  raised  from  such  lands,  or  from 
any  other  source,  to  the  accomplishment  of  the  object 
for  which  they  are  or  may  be  intended.  The  Gen- 
eral Assembly  shall,  from  time  to  time,  pass  such 
laws  as  shall  be  calculated  to  encourage  intellectual, 
scientific  and  agricultural  improvement,  by  allowing 
rewards  and  immunities  for  the  promotion  and 
improvement  of  arts,  science,  commerce,  manufac- 
tures, and  natural  history,  and  countenance  and 
encourage  the  principles  of  humanity,  industry  and 
morality.     Ark.,  'J2. 

— The  legislature  shall  provide  for  the  eledion  by  the 
people  of  a  Superintendent  of  Public  Instruction,  who 
shall  hold  his  olfice  lor  three  years,  and  whose  duties 


shall  be  prescribed  by  law,  and  who  shall  receive 
such  compensation  as  the  Legislature  may  direct. 
Cai,  163;  (nearly  similar),  Mich.,  308;  Nev.,  389; 
(nearly  similar,  but  term  two  years),  Jnd.,  178; 
nearly  similar,  but  term  four  years),  Ky.,  222;  Mo., 
3G0. 

—The  Legislature  shall  encourage  by  all  suitable 
means  the  promotion  of  intellectual,  scientific,  moral 
and  agricultural  improvement.  The  proceeds  of  all 
land  that  may  be  granted  by  the  United  Slates  to 
this  Stale  for  the  support  of  schools,  which  may  be 
sold  or  disposed  of,  and  the  five  hundred  thousand 
acres  of  land  granted  to  tlie  new  states  under  an  act 
of  Congress,  distributing  the  proceeds  of  the  public 
lands  among  the  several  slates  of  the  Union,  approved 
A.  D.,  1841  ;  and  all  estate  of  deceased  persons  who 
may  have  died  without  leaving  a  will,  or  heir,  and 
also  such  per  cent  as  may  be  granted  by  Congress  on 
the  sale  of  lands  in  this  State,  shall  be  and  remain  a 
perpetual  fund,  the  interest  of  which,  together  with 
all  the  rents  of  tlie  unsold  lands,  and  such  other 
means  as  the  Legislature  may  provide,  shall  be  inviol- 
ably appropriated  to  the  support  of  common  schools 
throughout  the  Stale.  Cal,  103. 
--  The  Legislature  shall  provide  for  a  system  of  com- 
mon schools,  by  which  a  school  shall  be  kept  up  and 
supported  in  each  district  at  least  three  months  in 
every  year,  any  district  neglecting  to  keep  and  sup- 
port such  a  school,  may  be  deprived  of  its  pioportion 
of  the  interest  of  the  public  fund  during  such  neglect. 
Cal,  103. 

— The  fund  called  the  School  Fund  shall  remain  a 
perpetual  fund,  tlie  interest  of  which  shall  be  inviol- 
ably appropriated  to  the  support  and  encouragement 
of  the  public  or  common  schools  throughout  the  State, 
and  for  the  equal  benefit  of  all  the  people  thereof. 
The  value  and  amount  of  said  fund  shall,  as  soon  as 
practicable,  be  ascertained  in  such  manner  as  the 
General  Assembly  may  prescribe,  published  and 
recorded  in  the  Comptroller's  office ;  and  no  law  shall 
ever  be  made  authorizing  said  fund  to  be  diverted  to 
any  other  use  thai  the  encouragement  and  support  of 
pubhc  or  common  scliools,  among  the  several  school 
societies,  as  justice  and  equity  shidl  require.  Ct.,  112. 
— The  proceeds  of  all  lands  for  the  use  of  schools  and 
a  seminary  or  seminaries  of  learning  shall  be  and 
remain  a  perpetual  fund,  the  interest  of  which, 
together  with  all  moneys  accrued  from  any  other 
source,  applicable  to  the  same  object,  shall  be  invio- 
lably appropriated  to  the  use  of  sc^hoolsand  seminaries 
of  learning,  respectively,  and  to  no  other  purpose. 
Fl,  138. 

— The  General  Assembly  shall  take  such  measures  as 
may  be  necessary  to  preserve,  from  waste  or  damage, 
all  lands  so  granted  and  appropriated  for  the  purpose 
of  education.     Fl..  138. 

— Knowledge  and  learning,  generally  diffused  through- 
out a  community,  being  essential  to  the  preservation 
of  a  free  government,  it  shall  be  the  duty  of  the  Gen- 


179 


eral  Assembly  to  encourage,  by  all  suitable  means, 
moral,  intellectual,  scientific  and  agricultural  improve- 
ment, and  to  provide  by  law  for  a  general  and 
uniform  system  of  common  schools,  wherein  tuitiou 
shall  be  without  charge,  and  equally  open  to  all 
Ind.,  177. 

— The  common  school  fund  shall  consist  of  the  con- 
gressional township  fund,  and  the  lands  belonging 
thereto ; 

The  surplus  revenue  fund ; 

The  saline  fund,  and  the  lands  belonging  thereto ; 

The  bank  tax  fund,  and  the  fund  arising  from  the 
one  hundred  and  fourteenth  section  of  the  charter  of 
the  State  Bank  of  Indiana ; 

The  fund  to  be  derived  from  the  sale  of  county 
seminaries,  and  the  moneys  and  property  heretofore 
held  for  such  seminaries;  from  the  fines  assessed  for 
breaches  of  the  penal  laws  of  the  State ;  and  from  all 
forfeitures  which  may  accrue; 

All  lands  and  other  estate  which  shall  escheat  to 
the  State  for  want  of  heirs  or  kindred  entitled  to  the 
inheritance.     Ind.,  178. 

— All  lands  that  have  been,  or  may  hereafter  be, 
granted  to  the  State,  where  no  special  purpose  is 
caressed  in  the  grant,  and  the  proceeds  of  tlie  sales 
thereof,  including  the  proceeds  of  the  sales  of  the 
swamp  lands  granted  to  the  State  of  Indiana  by  the 
act  of  Congress  of  28th  September,  1850,  after  deduct- 
ing the  expense  of  selecting  and  draining  the  same. 
Ind.,  178. 

— Taxes  on  the  property  of  corporations  that  may  be 
aiisessed  for  common  school  purposes.  lud.,  178. 
— The  principal  of  the  common  school  fund  shall 
remain  a  perpetual  fund,  which  may  bo  increased, 
but  shall  never  be  diminished;  and  the  income  thereof 
shall  be  inviolably  appropriated  to  the  support  of 
common  schools,  and  to  no  other  purpose  whatever. 
Ind.,  178. 

— The  General  Assembly  shall  invest,  in  some  safe 
and  profitable  manner,  all  such  portions  of  the 
c  immon  school  fund  as  have  not  heretofore  been 
intrusted  to  the  several  counties ;  and  shall  make 
provision  by  law  for  the  distribution  among  the  sev- 
eral counties  of  the  interest  thereof.  Ind.,  178. 
— If  any  county  shall  fail  to  demand  its  proportion  of 
such  interest  for  common  school  purposes,  the  same 
shall  be  reinvested  for  the  benefit  of  such  county. 
Ind.,  178. 

— The  several  counties  .shall  be  held  liable  for  the 
preservation  of  so  much  of  the  said  fund  as  may  be 
intrusted  to  tliem,  and  for  the  payment  of  the  annual 
interest  thereon.     Ind.,  17S. 

— All  trust  funds  held  by  the  State  shall  remain  invi- 
olate, and  be  faithfully  and  exclusively  applied  to  the 
purposes  for  which  the  trust  was  created.  Ind.,  178. 
— The  educational  interest  of  the  State,  to  include 
common  schools  and  other  educational  institutions, 
shall  be  under  the  management  of  a  Board  of  Educa- 
tion, wliich  shall  consist  of  the  Lieutenant-Governor, 
who  shall  be  the  presiding  officer  of  the  board,  and 
have  the  casting  vote  in  case  of  a  tie,  and  one  mem- 
ber to  be  elected  from  each  judicial  district  in  the 
State.     Iowa,  191. 

• — No  person  shall  be  eligible  as  a  member  of  said 
Board  who  shall  not  have  attained  the  age  of  twenty- 
five  years,  and  been  one  year  a  citizen  of  the  State. 
Iowa,  192. 

— One  member  of  said  board  shall  be  chosen  by  the 
qualified  electors  of  each  district,  and  shall  hold  the 
office  for  the  term  of  four  years,  and  until  his  succes- 
sor is  elected  and  qualified.  After  the  first  election 
under  this  Con.stitution,  the  board  shall  be  divided, 
as  nearly  as  practicable,  into  two  equal  classes,  and 
the  seals  of  the  first  class  shall  be  vacated  after  the 
expiration  of  two  years;  and  one-half  of  the  board 
.shall  be  chosen  every  two  years  thereafter.  luwa,  102. 
— The  first  session  of  the  Board  of  Education  shall 
be  held  at  the  seat  of  government,  on  the  first  Mon- 
day of  December,  after  their  election ;  after  which 
the  General  Assembly  may  fix  the  time  and  place  of 
meeting.  Iowa,  192. 
— The  session  of  the  board  shall  be  limited  to  twenty 


days,  and  but  one  session  shall  be  held  in  any  one 
year,  except  on  extraordinary  oocasion.s,  when,  upon 
the  recommendation  of  two  thirds  of  the  board,  the 
Governor  may  order  a  special  session.  Ijwa,  192. 
— The  Board  of  Education  shall  appoint  a  Secretary, 
who  shall  be  the  executive  officer  of  the  Board,  and 
perform  such  duties  as  may  be  imposed  upon  him  by 
the  Board  and  the  laws  of  the  State.  They  shall 
keep  a  journal  of  their  proceedings,  which  shall  be 
published  and  distributed  in  the  same  manner  as  the 
journals  of  the  General  Assembly.  Iowa,  192. 
— All  rules  and  regulations  made  by  the  Board  shall 
be  published  and  distributed  to  the  several  counties, 
townships,  and  school  districts,  as  may  be  provided 
for  by  the  Board,  and  when  so  passed,  published  and 
distributed,  they  shall  have  the  force  and  effect  of 
law.     Iowa,  192. 

— The  Board  of  Education  shall  have  full  power  and 
authority  to  legislate  and  make  all  needful  rules  and 
regulations  in  relation  to  common  schools  and  other 
educational  institutions  that  are  instituted,  to  receive 
aid  from  the  school  or  university  fund  of  this  State; 
but  all  acts,  rules  and  regulations  of  said  Board  may 
be  altered,  amended,  or  repealed  by  the  General 
Assembly;  and  when  so  altered,  amended  or  repealed 
they  shall  not  be  re-enacted  by  the  Board  of  Educa- 
tion,    luwa,  192. 

— The  Governor  of  the  Stat«  shall  be  ex  officio,  a 
member  of  said  Board.  Iowa,  192. 
— The  Board  shall  have  power  lo  levy  taxes,  or  make 
appropriations  of  money.  The  contingent  expenses 
shall  be  provided  for  by  the  General  Assembly.  Iowa, 
192. 

— The  members  of  the  Board  of  Education  shall  pro- 
vide for  the  education  of  all  the  youths  of  the  State, 
through  a  system  of  common  school.s.  And  such 
schools  shall  be  organized  and  kept  in  each  school- 
district  at  least  three  months  in  each  year.  Any 
district  failing,  for  two  consecutive  years,  to  organize 
and  keep  up  a  school,  may  be  deprived  of  their  por- 
tion of  the  .school  fund.  Iowa,  192. 
— The  members  of  the  Board  of  Education  shall  each 
receive  the  same  per  diem  during  the  time  of  their 
session,  and  mileage  going  to  and  returning  there- 
from, as  members  of  the  General  Assembly.  luwa, 
192. 

— The  majority  of  the  Board  shall  constitute  a  quorum 
for  the  transaction  of  business;  but  no  rule,  regula- 
tion or  law  for  the  regulation  and  government  of 
common  schools  or  other  educational  institutions  shall 
pass  without  the  concurrence  of  a  majority  of  all 
the  members  of  the  Board,  which  shall  be  expressed 
by  the  yeas  and  nays  on  the  final  passage.  The 
style  of  all  the  acts  of  the  Board  shall  be,  "  Be  it 
enacted  by  the  Board  of  Education  of  the  State  of 
Iowa."     Iowa,  192. 

— At  any  time  after  the  year  of  18C3,  the  General 
Assembly  shall  have  power  to  abolish  or  re-organize 
said  Board  of  Education,  and  provide  for  the  educa- 
tional interest  of  the  State  in  any  other  manner  that 
to  them  shall  seem  best  and  proper.  Iowa,  192. 
— The  educational  and  school  funds  and  lands  shall 
be  under  the  control  and  management  of  the  Gen- 
eral Assembly  of  this  Slate.  Iowa,  192. 
— The  General  Assembly  shall  encourage,  by  all  suit- 
able means,  the  promotion  of  intellectual,  scientific, 
moral,  and  agricultural  improvement.  Tlie  proceeds 
of  all  lands  that  have  been,  or  hereafter  may  be, 
granted  by  the  United  States  to  th'S  State  for  the 
support  of  schools,  which  sliall  hereafter  be  sold  or 
dispo.sed  of,  and  the  five  hundred  thousand  acres  of 
land  granted  to  the  new  States,  under  an  act  of  Con- 
gress, distributing  the  proceeds  of  the  public  lands 
among  the  several  States  of  the  Union,  approved  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty-one,  and  all  estates  of  deceased  persons  who 
may  have  died  without  leaving  a  will  or  heir,  and 
also  such  per  cent,  as  m.iy  have  been  granted  by  Con- 
gress, on  the  sale  of  lands  in  this  State.  sh.iU  be,  and 
remain  a  jierpetual  fund,  the  interest  of  which, 
together  with  all  the  rents  of  the  unsold  land.s,  and 
such  other  means  as  the  General  Assembly  may  pro- 


180 


vide,  sliall  be  inviolably  appropriated  to  the  support 
of  common  schools  throughout  tlie  State.  Iowa, 
192. 

— The  money  which  may  have  been,  or  shall  be  paid 
by  persons  as  an  equivalent  for  exemption  from  mili- 
tary duty,  an-i  the  clear  proceeds  of  all  fines  collected 
in  the  several  counties  for  any  bp'ach  of  the  penal 
laws,  shall  be  exclusively  applied,  in  the  several  coun- 
ties in  which  such  money  is  paid,  or  fine  collected, 
among  the  several  school-districts  of  said  counties,  in 
proportion  to  the  number  of  youths  subject  to  enu- 
meration in  such  districts,  to  the  support  of  common 
schools,  or  the  establishment  of  libraries,  as  the  Board 
of  Education  shall  from  time  to  time  provide.  Iowa, 
193. 

The  financial  agents  of  school  funds  shall  be  the 

same  that,  by  law,  receive  and  control  the  State  and 
county  revenue,  for  other  civil  purposes,  under  such 
regulations  as  may  be  provided  by  law.      Iowa,  193. 

The  money  subject  to  the  support  and  maintenance 

of  common  schools  shall  be  distributed  to  the  districts 
in  proportion  to  the  number  of  youths  between  the 
age  of  five  and  twenty-one  years,  in  such  manner  as 
may  be  provided  by  the  General  Assembly.  Iowa,  193. 
— All  losses  to  the  permanent^  school  or  university 
fund  of  this  State,  which  shall  have  been  occasioned 
by  the  defalcation,  mismanagement  or  fraud  of  the 
agents  or  officers  controlling  and  managing  the  same, 
shall  be  audited  by  the  proper  authorities  of  the  State. 
The  amount  so  audited  shall  be  a  permanent  funded 
debt  against  the  State,  in  favor  of  the  respective  fund 
sustaining  the  loss,  upon  which  not  less  than  si.K  per 
cent  annual  interest  shall  be  paid.  The  amount  of 
liability  so  created  shall  not  be  counted  as  a  part  of 
the  indebtedness  authorized  by  tlie  second  section 
of  this  article.     Iowa,  190. 

— The  State  Superintendent  of  Public  Instruction  shall 
have  the  general  supervision  of  the  common  school 
funds  and  educational  interest  of  the  State,  and  per- 
form such  other  duties  as  may  be  prescribed  by  law. 
A  Superintendent  of  Public  Instruction  shall  be  elected 
in  tach  county,  whose  term  of  office  shall  be  two 
years,  and  whose  duties  and  compensation  shall  be 
prescribed  by  law.  Kan.,  202. 
— The  proceeds  of  all  lands  that  have  been  or  may  be 
granted  by  the  United  States  to  the  State  for  the 
support  of  schools,  and  the  five  hundred  thousand 
acres  of  land  granted  to  the  new  States,  under  an  act 
of  Congress  distributing  the  proceeds  of  public  lands 
among  the  several  States  of  the  Union,  approved 
September  4,  A.  D.,  1841,  and  all  estates  of  persons 
dying  without  heir  or  will,  and  such  per  cent  as  may 
be  granted  by  Congress  on  the  sale  of  lands  in  this 
State,  shall  be  the  common  property  of  the  State, 
and  shall  be  a  perpetual  school  fund,  which  shall  not 
be  diminished,  but  the  interest  of  which,  together 
with  all  the  rents  of  the  lands,  and  such  other  means 
as  the  Legislature  may  provide,  by  tax  or  otherwise, 
shall  be  inviolably  appropriated  to  the  support  of 
common  schools.     Kan.,  202. 

— The  income  of  the  State  school  funds  shall  be  dis- 
bursed annually,  by  order  of  the  State  Superintend- 
ent, to  the  several  County  Treasurers,  and  thence  to 
the  Taeasurer  of  the  several  school  districts,  in 
equitable  proportion  to  the  number  of  children  and 
youth  resident  therein  between  the  ages  of  five  and 
twenty-one  years;  Provided,  That  no  school  district 
in  which  a  common  school  has  not  been  maintained 
at  least  three  months  in  each  year,  shall  be  entitled 
to  receive  any  portion  of  such  funds.  Kan.,  202. 
— The  school  lands  shall  not  be  sold  unless  such  sale 
shall  be  authorized  by  a  vote  of  the  people  at  a  gen- 
eral election ;  but,  subject  to  re-valuation  every  five 
years,  they  may  be  leased  for  any  number  of  years 
not  exceeding  twenty-five,  at  a  rate  established  by 
law.     Kan.,  202. 

— All  money  which  shall  be  paid  by  persons  as  an 
equivalent  for  exemption  from  military  duty;  the 
clear  proceeds  of  estrays,  ownership  of  which  shall 
vest  in  the  taker  up ;  and  the  proceeds  of  fines  for 
any  breach  of  the  penal  laws,  shall  be  exclusively 
applied,  in  the  several  counties  in  which  the  money 


is  paid  or  fines  collected,  to  the  support  of  common 
schools.     Kan.,  302. 

— No  religious  sect  or  sects  shall  ever  control  any 
part  of  the  common  school  or  university  funds  of  the 
State.     Kan.,  203. 

— The  State  Superintendent  of  Public  Instruction, 
Secretary  of  State  and  Attorney-General,  shall  con- 
stitute a  Board  of  Commissioners,  for  the  manage- 
ment and  investment  of  the  school  funds.  Any  two 
of  said  Commissioners  shall  constitute  a  quorum. 
Kan.,  203. 

— The  Legislature,  in  providing  for  the  formation  and 
regulation   of   schools,    shall    make    no    distinction 
between  the  I'iglus  of  males  and  females.    Kan.,  200. 
— The  capital  of  the  fund  called  and  known  as  the 
"  Common  School  Fund,"  consisting  of  one  million 
two  hundred  and  twenty-five  thousand  seven  hun- 
dred and  si.xty-eight  dollars  and  forty-two  cents,  for 
which  bonds  have  been  executed  by  the  State  to  the 
Board  of  Education,  and  seventy-three  thousand  five 
hundred  dollars  of  stock  in  the  Bank  of  Kentucky; 
also,  the  sum  of  fifty-one  thousand  two  hundred  and 
twenty-three  dollars  and  twenty-nine  cents,  balance 
of  interest   on   the  school  fund  for  the  year  1848, 
unexpended,  together  with  any  sum  which  may  be 
hereafter  raised  in   the   State  by  taxation,  or  other- 
wise, for  purposes  of  education,  shall  be  held   invio- 
late, for  the  purpose  of  sustaining  a  system  of  com- 
mon  schools.     The   interest   and  dividends  of   said 
funds,  together  with  any  sum  which  may  be  produced 
for  that  purpose  by  taxation  or  otherwise,  may  be 
appropriated  in  aid  of  common  schools,   but  lor  no 
other  purpose.     The^General  Assembly  shall  invest 
said  fifty-one   thousand   two  hundred  and  twenty- 
three  dollars  and  twenty-nine  cents  in  some  safe  and 
profitable  manner;  and  any  portion   of  the  interest 
and  dividends  of  said  school  fund,  or  other  money  or 
property  raised  for  school  purposes,  which  may  not 
be  needed  in  sustaining   common   schools,  shall  be 
invested  in   like   manner.     The   General   Assembly 
shall  make  provision,  by  law,  for  the  payment  of  the 
interest  of  said  school  fimd ;    Provided.   That   each 
county   shall   be   entitled   to   its   proportion    of  the 
income  of  said  fund,  and  if  not  called  for,  for  com- 
mon school  purposes,  it  shall  be  reinvested  from  time 
to  time  for  the  benefit  of  such  county.     Ky.,  'I'll. 
— There  shall  be  elected  a  Superintendent  of  Public 
Education,  who  shall  hold  his  office  for  the  term  of 
four  years.     His  duties  shall  be  prescribed  by  law, 
and  he  shall  receive  a  salary  of  four  thousand  dollars 
per  annum  until  otherwise  provided  law  :    Provided, 
That  the  General  Assembly  shall  have  power,  by  a 
vote  of  a  majority  of  the  members  elected  to  both 
Houses,  to  abolish  the  said  office  of  Superintendent 
of  Public  Education,  whenever,  in  their  opinion,  said 
office  shall  be  no  longer  neces.sary.     La.,  236. 
— The  Legislature  shall  provide  for  the  education  of 
all  children  of  the  State,  between  the  ages  of  six  and 
eighteen  years,  by  maintenance  of  free  public  schools 
by  taxation  or  otherwise.     La.,  236. 
— The  general  exercises  in  the  common  schools  shall 
be  conducted  in  the  English  language.     La.,  236. 
— The  proceeds  of  all  lands  heretofore  granted  by  the 
United  States  to  this  State  for  the  use  or  purpose  of 
the  public  schools,  and  of  all  lands  which  may  here- 
after be  granted  or  bequeatlied  for  that  purpose,  and 
the  proceeds  of  the  estates  of  deceased  persons  to 
which  the  state  may  become  entitled  by  law,  shall 
be  and  remain  a  perpetual  fund,  on  which  the  State 
shall  pay  an  annual  interest  of  six  per  cent,  which 
interest,  together  with  the  interest  of  the  trust  funds, 
deposited  with  the  State  by  the  United  States,  under 
the  act  of  Congress,  approved  June  23,  1836,  and  all 
the  rents  of  the  unsold  lands  shall  be  appropriated  to 
the  purpose  of  such  schools,  and  the  appropriation 
shall  remain  inviolable.     La.,  236. 
— No  appropriation  shall  be  made  by  the  Legislature 
for  the  support  of  any  private  school  or  institution  of 
learning  whatever,   but  the  highest   encouragement 
shall  be  granted  to   public   schools  throughout  the 
State.     La..  237. 
— The  Governor  shall,  within  thirty  days  after  the 


181 


ratification  by  the  people  of  this  Constitution,  appoint, 
subject  lo  the  confirmation  of  the  Senate,  at  its  first 
session  thereafter,  a  State  Superintendent  of  Public 
Instruction,  who  shall  hold  his  office  for  four  years, 
and  until  his  successor  shall  have  been  appointed  and 
shall  have  qualified.  He  shall  receive  an  annual 
salary  of  twenty-five  hundred  dollars,  and  such  addi- 
tional sum  for  traveling  and  incidental  expenses 
as  the  General  Assembly  may  by  law  allow ;  shall 
report  to  the  General  Assembly  within  thirty  days 
after  the  commencement  of  its  first  session  under  this 
Constitution,  a  uniform  system  of  free  public  schools, 
and  shall  perform  such  other  duties  pertainin;;  to  his 
office  as  may  from  time  to  time  be  prescribed  by  law. 
Md.,  274. 

— There  shall  be  a  State  Board  of  Education,  consist- 
int;  of  the  Governor,  the  Lieutenant-Governor,  and 
Speaker  of  the  House  of  Delegates,  and  the  State 
Superintendent  of  Public  Instruction,  which  Board 
shall  perform  such  duties  as  the  General  Assembly 
may  direct.     Md.,  274. 

—  There  shall  be  in  each  county  sucli  number  of 
School  Commissioners  as  the  State  Superintendent 
of  Public  Instruction  shall  deem  necessary,  who  shall 
be  appointed  by  the  State  Board  of  Education  ;  shall 
hold  oflice  for  four  years,  and  shall  perform  such 
duties  and  receive  such  compensation  as  the  General 
Assembly  or  State  Superintendent  may  direct ;  the 
School  Commissioners  of  Baltimore  city  shall  remain 
as  at  present  constituted,  and  shall  be  appointed,  as 
at  present,  by  tlie  Mayor  and  City  Council,  subject  to 
such  alterations  and  amendments  as  may  be  made 
from  tiuie  to  time  by  the  General  As.sembly,  or  the 
said  Mayor  and  City  Council.     Md.,  274. 

— The  General  Assembly,  at  its  first  session  after  the 
adoption  of  this  Constitution,  shall  provide  a  uniform 
system  of  free  public  schools,  by  which  a  school  shall 
be  kept  open  and  supported  free  of  expense  for  tui- 
tion in  each  school-district,  for  at  least  six  months  in 
each  year;  and  in  case  of  a  failure  on  the  part  of  the 
General  Assembly  so  to  provide,  the  system  reported 
to  it  by  the  State  Superintendent  of  "Public  Instruc- 
tion, shall  become  the  system  of  free  public  schools 
of  the  State ;  Provided,  That  the  report  of  the  State 
Superintendent  shall  be  in  conformity  with  the  pro- 
visions of  this  Constitution,  and  such  system  shall  be 
subject  to  such  alterations,  conformable  to  this  article, 
as  the  General  Assembly  may  from  time  to  time 
enact.     Md.,  274. 

—The  General  Assembly  shall  levy  at  each  regular 
session  after  the  adoption  of  this  Constitution  an 
annual  tax  of  not  less  than  ten  cents  on  each  one 
hundred  dollars  of  taxable  property  throughout  the 
State,  for  the  support  of  the  free  public  schools,  which 
tax  shall  be  collected  at  the  time  and  by  the  same 
agents  as  the  general  State  levy ;  and  shall  be  paid 
into  the  treasury  of  the  State,  and  shall  be  distribu- 
ted under  such  regulations  as  may  be  prescribed  by 
law,  among  the  counties  and  the  city  of  Baltimore, 
in  proportion  to  their  respective  population  between 
the  ages  of  five  and  twenty  years;  Provided,  That 
the  General  A.ssembly  shall  not  levy  any  additional 
school  tax  upon  particular  counties,  unless  such 
county  express  by  popular  vote  its  desire  for  such 
ta.x;;  the  city  of  Baltimore  shall  provide  for  its  addi- 
tional school  tax  as  at  present,  or  as  may  hereafter 
be  provided  by  the  General  Assembly,  or  by  the 
Mayor  and  City  Council  of  Baltimors.     Md.,  275. 

-  The  General  Assembly  shall  further  provide  by 
law,  at  its  first  session  alter  the  adoption  of  this  Con- 
stitution, a  fund  for  the  support  of  the  free  public 
schools  of  the  State,  by  the  imposition  of  an  annual 
tax  of  not  less  than  five  cents  on  each  one  hundred 
dollars  of  taxable  property  throughout  the  State,  the 
proceeds  of  which  tax  .shall  be  known  as  the  public 
school  fund,  and  shall  be  invested  by  the  Treasurer, 
together  with  its  annual  interest  until  sueh  time  as 
said  fund  shall,  by  its  own  increa.se  and  any  additions 
which  may  be  made  to  it  from  time  to  time,  together 
with  the  present  .school  fund  amount  to  six  millions 
of  dollars  when  the  tax  of  ten  cents  in  the  hundred 
dollars  authorized  by  the  preceding  section,  may  be 

4S 


discontinued  in  whole  or  in  part,  as  the  General 
A.ssembly  may  direct;  the  principal  fund  of  six 
millions  hereby  provided,  shall  remain  forever  invio- 
late as  the  free  pulilic  school  fund  of  the  State,  and 
the  annual  interest  of  said  school  fund  shall  be  dis- 
bursed for  educational  purposes  only,  as  may  be  pre- 
scribed by  law.     Md.,  'lib. 

— All  moneys  raised  by  taxation  in  the  towns  and 
cities  for  the  support  of  public  schools,  and  all  moneys 
which  may  be  appropriated  by  the  State  for  the  sup- 
port of  common  schools,  shall  be  applied  to,  and 
expended  in,  no  other  schools  than  those  which  are 
conducted  according  to  law,  under  the  order  and 
superintendence  of  the  authorities  of  the  town  or  city 
in  which  the  money  is  to  be  expended ;  and  such 
moneys  shall  never  be  appropriated  to  any  religious 
sect  for  the  maintenance,  exclusively,  of  its  own 
school.     Mass.,  298. 

— The  Superintendent  of  Public  Instruction  shall 
have  the  general  supervision  of  public  instruction,  and 
his  duties  shall  be  prescribed  by  law.  Mich.,  310. 
—  The  proceeds  from  the  sales  of  all  lands  that  have 
been  or  hereafter  may  be  granted  by  the  United 
States  to  the  State  for  educational  purposes,  and  the 
proceeds  of  all  lands  or  other  property  given  by  indi- 
viduals or  appropriated  by  the  State  for  like  purposes, 
shall  be  and  remain  a  perpetual  fund,  the  interest  and 
income  of  which,  together  with  the  rents  of  all  such 
lands  as  may  remain  unsold,  shall  be  inviolably 
appropriated  and  annually  applied  to  the  specific 
objects  of  the  original  gift,  giant,  or  appropriation. 
Mich.,  310. 

— All  lands,  the  titles  to  which  shall  fail  from  a  defect 
of  heirs,  shall  escheat  to  the  State; 'and  the  interest 
on  the  clear  proceeds  fi-om  the  sales  thereof  shall  be 
appropriated  exclusively  to  the  support  of  primary 
schools.     Mich.,  310. 

— The  Legislature  shall,  within  five  years  from  the 
adoption  of  this  Constitution,  provide  for  and  estab- 
lish a  system  of  primary  scliools,  whereby  a  school 
shall  be  kept,  without  charge  for  tuition,  at  least  three 
months  in  each  year,  in  every  school  district  in  the 
State,  and  all  instruction  in  said  schools  shall  be  con- 
ducted in  the  English  language.  Mich.,  310. 
— A  school  shall  be  maintained  in  each  school-district 
at  least  three  months  in  each  year.  Any  school-dis- 
trict neglecting  to  maintain  such  school  shall  be 
deprived  for  the  ensuing  year  of  its  proportion  of  the 
income  of  the  primary  school  fund,  and  of  all  funds 
arising  from  taxes  for  the  support  of  schools.  Mich., 
310. 

— There  shall  be  elected  at  the  general  election  in 
the  year  one  thousand  eight  hundred  and  fifty-two, 
three  members  of  a  State  Board  of  Education,  one 
for  two  years,  one  for  four  years,  and  one  for  six 
years ;  and  at  each  succeeding  biennial  election  there 
shall  be  elected  one  member  of  such  Board,  who 
shall  hold  his  office  for  six  years.  The  Superinten- 
dent of  Public  Instruction  shall  be  ex  officio  a  member 
and  Secretary  of  such  Board.  The  Board  shall  have 
the  general  supervision  of  the  State  Normal  School, 
and  their  duties  shall  be  prescribed  by  law.  Mich., 
311. 

— All  specific  State  taxes  except  those  received  from 
the  mining  companies  of  the  tipper  Peninsula,  shall 
be  applied  in  paying  the  interest  upon  the  primary 
school,  university,  and  other  educational  funds,  and 
the  interest  and  principal  of  the  State  debt,  in  the 
order  herein  recited,  until  the  extinguishment  of  the 
State  debt,  other  than  the  amounts  due  to  educational 
funds,  when  such  specific  taxes  shall  be  added  to,  and 
constitute  a  part  of  the  primary  school  interest  fund. 
The  Legislatui'e  shall  provide  for  an  annual  ta.x,  suffi- 
cient, with  other  resources  to  pay  the  estimated 
expenses  of  the  State  Government,  the  interest  of 
the  State  debt,  and  such  deficiency  as  may  occur  .'n 
the  resources.     Mich.,  311. 

— Religion,  morality,  and  knowledge  being  necessary 
to  good  government,  tlie  preservation  of  liberty,  and 
the  happiness  of  mankind,  schools  and  means  of 
education,  shall  forever  be  encouraged  in  this  State. 
Miss.,  343. 


1^2 


The  stability  of  a  republican  form  of  government 

depending  mainly  upon  the  intelligence  of  the  people, 
it  shall  be  the  duty  of  the  Legislature  to  establish  a 
general  and  uniform  system  of  public  schools.  Min., 
326. 

— Tlie  proceeds  of  such  lands  as  are  or  hereafter  may 
be  granted  by  the  United  State.*  for  the  use  of  schools 
wiihin  each  township  in  this  State,  shall  remain  a 
perpetual  school  fund  to  the  State,  and  not  more  than 
one-third  of  said  lands  may  be  sold  in  two  years,  one- 
third  in  five  years  and  one-third  in  ten  years ;  but 
the  lands  of  the  greatest  valuation  shall  be  sold  first ; 
Provided,  That  no  portion  of  saitl  lands  sliall  be  sold 
otherwise  than  at  public  sale.  Tlie  principal  of  all 
funds  arising  from  sales  or  other  disposition  of  lands, 
or  other  property,  granted  or  intrusted  to  this  Stat(^, 
in  each  township  for  educational  purposes,  shall  for- 
ever be  preserved  inviolate  and  undiminished ;  and 
the  income  arising  from  the  lease  or  sale  of  said 
school  lands  shall  be  distributed  to  the  different  town- 
ships throughout  the  State,  in  proportion  to  the  num- 
ber of  scholars  in  each  township  between  the  ages  of 
five  and  twenty-one  yeare,  and  shall  be  faithfully 
applied  to  the  specific  objects  of  the  original  grants 
or  appropriations.     Afin.,  32G. 

— Suitable  laws  shall  be  passed  by  the  Legislature 
for  the  safe  keeping,  transfer,  and  disbursement  of 
the  State  school  funds,  and  all  officers  and  other  per- 
sons charged  with  the  same  shall  be  required  to  give 
ample  security  for  all  moneys  and  funds  of  any  kind, 
to  keep  an  acourate  entry  of  each  sum  received,  and 
of  each  payment  and  transfer;  and  if  any  of  said 
officers  or  other  persons  shall  convert  to  his  own  use 
in  any  form,  or  shall  loan  with  or  without  interest, 
contrary  to  law,  or  shall  deposit  in  bank.-*,  or  exchange 
for  other  funds,  any  portion  of  the  funds  of  the  State, 
every  such  act  shall  be  adjudged  to  be  an  embezzle- 
ment of  so  much  of  the  State  funds  as  shall  be  thus 
taken,  and  shall  be  declared  a  felony ;  and  any  failure 
to  pay  over  or  produce  the  State  or  school  funds 
intrusted  to  such  persons,  on  demand,  shall  be  held 
and  taken  to  he  prima/acie  evidence  of  such  embez- 
zlement.    Min..  327. 

— The  Legislature  shall  make  such  provisions,  by 
taxation  or  otherwise,  as,  with  the  income  arising 
from  the  school  fimd,  will  secure  a  thorough  and 
efficient  system  of  public  schools  in  each  township  in 
the  State.     Miti,  326. 

— A  general  diffusion  of  knowledge  and  intelligence 
being  essential  to  the  preservation  of  the  rights  and 
liberties  of  the  people,  the  General  Assembly  shall 
establish  and  maintain  free  schools  for  the  gratuitous 
instruction  of  all  persons  in  this  State,  between  the 
ages  of  five  and  twenty-one  years.  Mo.,  300. 
— Separate  schools  may  be  established  for  children  of 
Ah'ican  descent  All  funds  provided  for  the  support 
of  public  schools  shall  be  appropriated  in  proportion 
to  the  number  of  children,  without  regard  to  color. 
Mo ,  360. 

— The  supervision  of  public  instruction  shall  be  vested 
in  a  "  Board  of  E  iucation,"  whose  powers  and  duties 
shall  be  prescribed  by  law.  A  Superintendent  of 
Public  Schools,  who  shall  be  the  President  of  the 
Board,  shall  be  elected  by  the  qualified  voters  of  the 
State.  He  .shall  possess  the  qualifications  of  a  State 
Senator,  and  hold  his  office  for  the  term  of  four  years  ; 
and  shall  perform  such  duties,  and  receive  such  com- 
pensation, as  may  be  prescribed  by  law.  The  Secre- 
tary of  State  and  Attorney-General  shall  be  ex-oji  io 
members,  and,  with  the  Superintendent,  compose  said 
Board  of  Education.     Mo.,  360. 

— The  proceeds  of  all  lands  that  have  been,  or  here- 
after may  be,  granted  by  the  United  States  to  this 
State,  and  not  otherwise  appropriated  by  this  State 
or  the  United  States ;  also,  all  moneys,  stock.s,  bonds, 
lands,  and  other  property  now  belonging  to  any  fund 
for  purpos  -s  of  education  ;  also,  the  net  proceeds  of 
all  sales  of  lands  and  other  property  and  effects  that 
may  accrue  to  the  State  by  escheat,  or  from  sales  of 
estrays,  or  from  unclaimed  dividends,  or  distributive 
sliares  of  I  he  estates  of  deceased  persons,  or  from 
fines,  penalties  and  forfeitures ;  also,  any  proceeds  of 


the  sales  of  public  lands  which  may  have  been,  or 
hereafter  may  be,  paid  over  to  this  State,  if  Congress 
will  consent  to  such  appropriation ;  also,  all  other 
grants,  gifts,  or  devises  that  have  been,  or  hereafter 
may  be,  made  to  this  State,  and  not  otherwise  appro- 
priated by  the  terms  of  the  grant,  gift,  or  devise,  shall 
te  securely  invested  and  sacredly  preserved  as  a  pub- 
lic school  fund  ;  the  annual  income  of  which  fund, 
together  with  so  much  of  the  ordinary  reveinie  of  the 
State  as  may  be  necessary,  shall  be  faithfully  appro- 
priated for  establishing  and  maintaining  the  free 
schools  and  the  university  in  this  article  provided 
for,  and  for  no  other  uses  or  pui'poses  whatsoever. 
Mo,  361. 

— No  part  of  the  public  school  fund  shall  ever  be 
invested  in  the  stock,  or  bonds,  or  other  obligations 
of  any  State,  or  of  any  county,  city,  town,  or  corpo- 
ration. The  stock  of  the  Bank  of  the  State  of  Mis- 
souri now  held  for  school  purposes,  and  all  other 
stocks  belonging  to  any  school  or  university  fund, 
shall  be  sold,  in  such  manner  and  at  such  time  as  the 
General  Assembly  shall  prescribe;  and  tlie  proceeds 
thereof,  and  the  proceeds  of  the  sales  of  any  lands  or 
other  properly  which  now  belongs,  or  m:iy  hereafter 
belong,  to  said  school  fund,  may  be  invested  in  the 
bonds  of  the  United  States.  All  county  school  funds 
shall  be  loaned  upon  good  and  sufficient  unincum- 
bered real  estate  Security,  with  personal  security  in 
addition  thereto.     Mo.,  361. 

-  No  town.ship  or  school-district  shall  receive  any 
portion  of  the  public  school  fund,  unless  a  free  school 
shall  have  been  kept  therein  for  not  less  than  three 
months  during  tlie  year  for  which  distribution  thereof 
is  made.  The  General  Assembly  shall  have  power, 
to  require,  by  law,  that  every  child,  of  sufficient 
mental  and  physical  ability,,  shall  attend  the  public 
schools,  during  the  period  between  the  ages  of  five 
and  eighteen  year.s,  for  a  term  equivalent  to  sixteen 
months,  unless  educated  by  other  means.  3fo.,  3G1. 
— In  case  the  public  school  fund  shall  be  insufficient 
to  sustain  a  free  school  at  least  four  months  in  every 
year  in  each  scool-district  in  this  State,  the  General 
Assembly  may  provide,  by  law,  for  the  raising  of 
such  deficiency,  by  levying  a  tax  on  all  the  taxable 
property  in  each  county,  townsliip,  or  school-district, 
as  they  may  deem  proper.  Mo.,  361. 
— The  General  Assembly  shall,  as  far  as  it  can  be 
done  without  infringing  upon  vested  rights,  reduce 
all  lands,  moneys,  and  other  property,  used  or  held 
for  school  purposes,  in  the  various  counties  of  this 
State,  into  the  public  school  fund  herein  provided 
for  ;  and  in  making  distribution  of  the  annual  income 
of  said  fund,  shall  take  into  consideration  the  amount 
of  any  county  or  city  fund,  appropriated  for  common 
school  purposes,  and  make  such  distribution  as  will 
equalize  the  amount  appropriated  for  common  schools 
throughout  the  State.  Mo.,  361. 
— The  principal  of  all  funds  arising  from  the  sale,  or 
other  disposition  of  lands  or  other  property  granted 
or  intrusted  to  this  State,  for  educational  and  reli- 
gious purposes,  shall  forever  be  preserved  inviolate 
and  undiminished;  and  the  income  arising  therefrom 
shall  be  faithfully  applied  to  the  specific  objects  of  the 
original  grants  or  appropriations.  The  Legislature 
shall  makp  such  provisions  by  taxation  or  otherwise, 
as,  with  the  income  arising  from  the  school  trust 
fund,  will  secure  a  thorough  and  efficient  system  of 
common  schools  throughout  the  State ;  but  no  reli- 
gious sect  or  sects  sliall  ever  have  any  ex(;lusive 
right  to.  or  control  of  any  part  of  the  school  funds 
of  this  State.     Neb.,  376. 

— The  university  lands,  school  lands,  and  all  other 
lands  which  have  been  acquired  by  the  Territory  of 
Nebraska,  or  which  may  hereafter  be  acquired  by  the 
State  of  Nebraska  for  educational  or  school  purposes, 
shall  not  be  aliened  or  sold  for  a  less  sum  than  five 
dollars  per  acre.     Neb.,  376. 

— The  Legislature  shall  encourage,  by  all  suitable 
means,  the  promotion  of  intellectual,  literary,  scien- 
tific, mining,  mechanical,  agricultural  anil  moral 
improvement,  and  also  provide  for  the  election  by 
the  people,  at  the  general  election,  of  a  Superinten- 


183 


dent  of  Public  Instruction,  whose  term  of  ofTiie  shall 
be  two  years  from  the  first  Afonday  of  January, 
A.  D.,  18  J5,  and  until  the  el-ction  and  qualification 
of  his  successor,  and  whose  duties  shall  be  prescribed 
by  law.     Nev.,  389. 

— The  Legislature  shall  provide  for  a  uniform  system 
of  common  schools,  by  which  a  school  shall  be  estab- 
lished and  maintained  in  each  school  district  at  least 
six  months  in  every  year,  and  any  school  district 
nej;leoting  to  establish  and  maintain  such  a  soho  >l,  or 
whicli  sliall  allow  instruction  of  a  sectarian  character 
therein,  may  be  deprived  of  its  portion  of  the  interest 
of  the  public  school  fund  durinsr  such  a  neglect  or 
infraction,  and  the  Legislature  may  pass  such  laws  as 
will  tend  to  secure  a  general  attendance  of  the  chil- 
dren in  each  school  district  upon  said  public  schools. 
Nev.,  389. 

— All  lands,  including  the  sixteenth  and  thirty-sixth 
sections,  in  every  township,  donated  for  the  benefit 
of  public  schools,  in  the  act  of  the  thirty-eighth  Con- 
gross,  to  enable  the  people  of  Nevada  Territory  to 
form  a  State  Government,  the  thirty  thousand  acres 
of  public  lands  granted  by  an  act  of  Congress, 
approved  July  second,  eighteen  hundred  and  sixty- 
two,  for  eacli  Senator  and  Representative  in  Con- 
gress, and  all  proceeds  of  lands  that  have  been  or 
may  be  hereafter  granted  or  appropriated  by  the 
Uuilcd  States  to  this  State,  and  also  the  five  thou- 
sand acres  of  land  granted  to  the  new  States  under 
the  act  of  Congress,  distributing  the  proceeds  of  the 
public  lands  among  the  several  States  of  the  Union, 
approved  A.  D.  eighteen  hundred  and  tbrty-one ; 
Provided,  That  Congress  makes  provision  for  or 
authorizes  such  division  to  be  made  for  the  purpose 
herein  contained,  all  estates  that  may  escheat  to  the 
State,  all  of  such  per  cent,  as  may  be  granted  by 
Congress  on  the  sale  of  land,  all  lines  collected  under 
the  penal  laws  of  tlie  State,  all  property  given  or 
bequeathed  to  the  State  for  educational  purposes ; 
and  all  proceeds  derived  from  any  or  all  of  such 
sources  shall  be,  and  the  same  are  hereby,  solemnly 
pledged  for  educational  purposes,  and  shall  not  be 
transferred  to  any  other  fund  for  any  other  uses,  and 
the  interest  tliereon  shall,  from  time  to  time,  be 
apportioned  among  the  several  counties  in  proportion 
to  the  ascertained  numbers  of  the  persons  between 
the  ages  of  six  and  eighteen  years  in  the  different 
counties ;  and  the  Legislature  sliall  provide  for  the 
sale  of  floating  land  warrants  to  cover  the  aforesaid 
lands,  and  for  the  investment  of  all  proceeds  derived 
from  any  of  the  above  mentioned  sources  in  Unitjd 
States  bonds  or  the  bonds  of  this  State  ;  Provided, 
That  the  interest  only  of  the  aforesaid  proseeds  shall 
be  used  for  educational  purposes,  and  any  surplus 
interest  shall  Vje  sdded  to  the  principal  sum;  Ani, 
Provided  further,  That  such  portions  of  said  interest 
as  may  be  necessary  may  be  apportioned  for  the 
support  of  the  State  University.  Neb.,  39J. 
— The  Legislature  shall  have  power  to  establish  nor- 
mal schools,  and  such  diS'ereut  grades  of  schools, 
from  the  primary  department  to  the  university,  as  in 
their  discretion  they  may  deem  necessary,  and  all 
professors  in  said  university,  or  teachers  in  said 
schools,  of  whatever  grade,  shall  be  required  to  take 
and  subscribe  to  the  oath  as  prescribed  in  article  16, 
of  this  Constitution.  No  professor  or  teacher  who 
fails  to  comply  with  the  provisions  of  any  law  framed 
in  accordance  with  the  provisions  of  this  section 
shall  be  entitled  to  receive  any  portion  of  the  public 
moneys  set  apart  for  school  purposes.  Nei\,  39D. 
— The  fund  for  the  support  of  free  schools,  and  all 
money,  stock  and  other  property,  which  may  here- 
after be  appropriated  for  tliat  purpose,  or  received 
nto  the  treasury  under  the  p.'ovision  of  any  law 
heretofore  passed  to  augment  the  said  fund,  shall  be 
securely  ni vested,  and  remain  a  perpetual  fund;  ani 
the  income  thereof,  except  so  much  as  it  may  be 
judged  expedient  to  apply  to  an  increase  of  the  capi- 
tal, shall  bo  annually  appropriated  to  the  support  of 
public  schools,  for  the  equal  benefit  of  all  the  people 
of  the  Slate;  and  it  shall  not  be  com  letent  for  the 
Legislature  to  borrow,  appropriate,  or  use  the  said 


fund,  or  any  part  thereof,  for  any  other  purpose,  under 

any  pretense  whatever.  N.  J.,  415. 
— That  a  school  or  schools  shall  be  established  by  the 
Legislature,  for  the  convenient  instruction  of  youth, 
with  such  salaries  to  the  masters,  paid  by  the  public, 
as  may  enable  them  to  instruct  at  low  prices;  and 
all  usel'ul  learning  shall  be  duly  encouraged  and  pro- 
moted in  one  or  mire  universities.  N.  C,  4'2G. 
— The  General  Assembly  shall  mike  such  provisions, 
by  taxation  or  otherwise,  as,  with  the  interest  arising 
from  the  school  trust  fund,  will  secure  a  thorough  and 
efficient  system  of  common  schools  throughout  the 
Stale;  but  no  religious  or  other  sect  or  sects  shall 
ever  have  any  exclusive  right  to  or  control  of  any 
part  of  the  school  (umls  of  this  State.  O'lio,  43S. 
— The  Governor  shall  be  Sjperintendsnt  of  Public 
Instruction,  and  his  powers  and  duties  in  that 
capacity  shall  be  such  as  may  be  prescribed  by  law; 
but  after  the  term  of  live  years  from  the  adoption  of  this 
Constitution,  it  shall  be  competent  for  the  Legislative 
Assembly  to  provide  by  law  for  the  election  of  a 
Superintendent,  to  provide  for  his  compensation  and 
prescribe  his  powers  and  duties.  Or.,  455. 
— The  proceeds  of  all  the  lands  which  have  been,  or 
liereafter  may  be,  granted  to  this  State  for  educa- 
tional purposes  (excepting  the  lands  heretofore 
granted  to  aid  in  the  establishment  of  a  university), 
all  the  moneys  and  clear  proceeds  of  all  property 
which  miy  accrue  to  the  State  by  escheat  or  forfei- 
ture ;  all  moneys  which  may  be  paid  as  exemption 
from  military  duly ;  the  proceeds  of  all  gifts,  devises 
and  bequests  made  by  any  person  to  the  Slate  for 
common  school  purposes ;  the  proceeds  of  all  prop- 
erty granted  to  the  Stale,  when  the  purposes  of  such 
grant  shall  not  be  stated;  all  the  proceeds  of  the  five 
hundred  thousand  acres  of  land  to  which  this  Slate 
is  entitled  by  the  provision  of  an  act  of  Congress, 
entitled  "  An  act  to  appropriate  the  proceeds  of  the 
s  lies  of  the  public  lands,  and  to  grant  pre-emption 
rights,"  approved  the  fourth  of  September,  1841,  ani 
also  the  five  per  centum  of  the  net  proceeds  of  the 
sales  of  the  public  lands  to  which  this  State  shall 
become  entitled  on  her  admission  into  tlie  Union  (if 
Cjngress  shall  assent  to  such  appropriation  of  the  two 
grants  last  mentioned),  shall  beset  apart  as  a  separate 
and  irreducible  fund,  to  be  called  the  common  school 
fund,  the  interest  of  which,  together  with  all  other 
revenues  derived  from  the  school  lands  mentioned  in 
this  section,  shall  be  exclusively  applied  to  the  support 
and  maintenance  of  common  schools  in  each  school 
district,  and  purchase  of  suitable  libraries  and  apparatus 
therefor.      Or.,  456. 

— The  Legislative  Assembly  shall  provide  by  law  for 
the  establish  nent  of  a  uniform  and  regular  system 
of  common  schools.      Or.,  456. 

— Provision  shall  be  made  by  law  for  the  distribution 
of  the  income  of  the  common  school  fund  among  the 
several  counties  of  this  State,  in  proportion  to  the 
number  of  children  resident  therein  between  the  ages 
of  lour  and  twenty  years.  Or.,  458. 
-  -The  Legislature  shall,  as  soon  as  cSnveniently  may 
be,  provide  bylaw  for  the  establishmjnt  of  schools 
throughout  the  Stale,  in  such  manner  that  the  poor 
may  be  taught  grati.s.  Pa.,  4G6. 
— The  diffusion  of  knowledge  as  well  as  of  virtue, 
among  the  people  being  essential  to  the  preservation 
of  their  rights  and  liberties,  it  shall  be  the  duty  of 
the  General  Assembly  to  promote  public  schools,  and 
to  adopt  all  means  which  they  may  deem  necessary 
and  proper  to  secure  to  the  people  the  advantages 
and  opportunities  of  education.  R.  I.,  430. 
—The  mmey  which  now  is  or  which  may  here- 
after be  appropriated  by  law  for  the  establishment  of 
a  permanent  fund  for  the  support  of  pubhc  schools, 
shall  be  securely  invested,  and  remain  a  perpetual 
fund  for  that  purpose.  R.  I.,  480. 
— .ill  donations  for  the  support  of  public  schools  or 
for  other  purposes  of  eiucation  which  may  be 
received  by  the  General  Assembly,  shall  be  applied 
according  to  the  terms  prescribed  by  the  donors.  R. 
I.,  480. 
— The   General   Assembly  shall  make  all  necessary 


184 


provisions  by  law  for  earr)'ing  this  article  into  effect. 
They  shall  not  divert  said  money  or  i'und  from  the 
aforesaid  uses,  nor  borrow,  appropriate,  or  use  the 
same,  or  any  part  thereof,  for  any  other  purpose, 
under  any  pretense  whatsoever.  R.  I.,  480. 
— Knowledge,  learning,  and  virtue,  being  essential  to 
the  preservation  of  republican  institutions,  and  the 
diffusion  of  the  opfortuuities  and  advantages  of  edu- 
cation throughout  the  different  portions  of  the  State, 
being  highly  conducive  to  the  promotion  of  this  end; 
it  shall  be  the  duty  of  the  General  Assembly  in  all 
future  periods  of  this  government,  to  cherish  Hterature 
and  science.  And  the  fund  called  the  common  scJwol 
fund,  and  all  the  lands  and  proceeds  thereof,  dividends, 
stocks,  and  other  property  of  every  description  what- 
ever, heretofore  by  law  appropriated  by  the  General 
Assembly  of  this  State  for  the  use  of  connnon  schools, 
and  all  such  as  shall  hereafter  be  appropriated,  shall 
remain  &  perpetual  fund,  the  principal  of  which  shall 
never  be  diminished  by  legislative  appropriation,  and 
the  interest  thereof  shall  be  inviolably  appropriated 
to  the  support  and  encouragement  of  common  schools 
tliroughout  the  State,  and  for  the  equal  benefit  of  all 
the  people  thereof;  and  no  law  shall  be  made  author- 
izing said  fund,  or  any  part  thereof,  to  be  diverted  to 
any  other  use  than  the  support  and  encouragement 
of  common  schools;  and  it  shall  be  the  duty  of  the 
General  Assembly  to  appoint  a  Board  of  Commis- 
sioners, for  such  term  of  time  as  they  may  think 
proper,  who  shall  have  the  general  superintendence 
of  said  fund,  and  who  shall  make  a  report  of  the  con- 
dition of  the  same  from  time  to  time,  under  such 
rules,  regulations,  and  restrictions  as  may  be  required 
by  law:  Provided,  That  if  at  any  time  herealtcr  a 
division  of  the  public  lands  of  the  United  States,  or 
of  the  money  arising  from  the  sales  of  such  lands, 
shall  be  made  among  the  individual  States,  the  part 
of  such  lands,  or  money  coming  to  this  State,  shall 
be  devoted  to  the  purposes  of  education  or  internal 
improvement;  and  shall  never  be  applied  to  any 
other  purpose.     Tenn.,  499. 

— A  general  diffusion  of  knowledge  being  essential 
to  the  preservation  of  the  rights  and  liberties  of  the 
people,  it  shall  be  the  duty  of  the  Legislature  of  this 
State  to  make  suitable  provisions  for  the  support  and 
maintenance  of  public  schools.  Tex.,  519. 
— The  Legislature  shall,  as  early  as  practicable,  estab- 
lish a  system  of  free  schools  throughout  the  State  ; 
and  as  a  basis  for  the  endowment  and  support  of  said 
system,  all  the  funds,  lands,  and  other  property,  here- 
tofore set  apart  and  appropiiated,  or  that  may  here- 
after be  set  apart  and  appropriated  for  the  support  and 
maintenance  of  public  schools,  shall  constitute  the 
pubhc  school  fund;  and  said  fund  and  the  income 
derived  therefrom  shall  be  a  perpetual  fund  exclu- 
sively for  the  education  of  all  the  white  scholastic  of 
this  State,  and  no  law  shall  ever  be  made  appropri- 
ating said  fund  to  any  use  or  purpose  whatever.  And 
until  such  time  as  the  .Legislature  shall  provide  for 
the  establishment  of  such  system  of  public  schools 
in  the  State,  the  fund  thus  created  and  the  income 
derived  therefrom,  shall  remain  as  a  charge  against 
the  State,  and  be  passed  to  the  credit  of  the  free 
common  school  fund.  Tex.,  519. 
-And  all  the  alternate  sections  of  land  reserved  by 
the  State  out  of  grants  heretofore  made,  or  that  may 
hereafter  be  made,  to  railroad  companies  or  other 
corporations  of  any  nature  whatever,  for  internal 
improvements,  or  for  the  development  of  the  wealth 
and  resources  of  the  State,  shall  be  set  apart  as  a  part 
of  the  perpetual  school  fund  of  the  State  ;  Provided, 
That  if  at  any  time  hereafter  any  portion  of  the  pub- 
hc domain  of  this  State  shall  be  sold,  and  by  virtue 
of  said  sale  the  jurisdiction  over  said  land  shall  be 
vested  in  the  United  States  government ;  in  such 
event,  one-half  of  the  proceeds  derived  from  said 
sale  shall  become  a  part  of  the  perpetual  school  fund 
of  the  State  ;  and  the  Legislature  shall  hereafter 
appropriate  one-half  of  the  proceeds  resulting  from 
all  sales  of  the  public  lands  to  the  perpetual  public 
school  fund.  Tx.,  519. 
— The  Legislature  shall  provide  from  time  to  time, 


for  the  sale  of  lands  belonging  to  the  perpetual  public 
school  fund,  upon  such  time  and  terms  as  it  may 
deem  expedient ;  Provided,  That  in  cases  of  sale  the 
preference  .shall  be  given  to  actual  settlers;  And  pro- 
vided further.  That  the  Legislature  shall  have  no 
power  to  grant  relief  to  purcliasers  by  granting  further 
time  for  payment,  but  shall,  in  all  cases,  provide  for 
the  forfeiture  of  the  land  to  the  State  for  the  benefit 
of  a  perpetual  public  school  fund;  and  that  all  interest 
accruing  upon  .such  sales  shall  be  a  part  of  the  income 
belonging  to  the  school  fund,  and  subject  to  appro- 
priation annually  for  educational  purposes.  Tex.,  519. 
— The  Legislature  shall  have  no  power  to  appropriate 
or  loan  or  invest,  except  as  follows,  any  part  of  the 
principal  sum  of  the  perpetual  school  fund  for  any 
purpose  whatever;  and  it  shall  be  the  duty  of  the 
Legislature  to  appropriate  annually  the  income  which 
may  be  derived  from  .said  fiuid,  for  educational  pur- 
poses, under  .-iuch  system  as  it  may  adopt;  and  it 
shall,  from  time  to  time,  cause  the  principal  sum  now 
on  hand  and  arising  from  sales  of  land,  or  from  any 
other  source,  to  be  invested  in  the  bonds  of  the 
United  States  of  America,  or  the  bonds  of  the  State 
of  Texas,  or  such  bonds  as  the  State  may  guarantee. 
Tex.,  519. 

— All  public  lands  which  have  been  heretofore,  or  may 
be  hereafter,  granted  for  public  schools,  to  the  various 
counties  or  other  political  divisions  in  this  State,  shall 
be  under  the  control  of  the  Legislature,  and  may  be 
sold  on  such  terms  and  under  such  regulations  as  the 
Legislature  shall  by  law  prescribe ;  and  the  proceeds 
of  the  sale  of  .said  lands  shall  be  added  to  the  perpet- 
ual school  fund  of  the  State.  But  each  county  shall 
receive  the  full  benefit  of  the  interest  arising  from 
the  proceeds  of  the  sale  of  the  lands  granted  to  them, 
respectively:  Provided,  Thtxt  the  lands  already  pat- 
ented to  the  counties  shall  not  be  sold  without  the 
consent  of  such  coimty  or  counties  to  which  the  lanils 
may  belong.     Tex.,  519. 

— The  Legislature  may  provide  for  the  levying  of  a 
tax  for  educational  purposes ;  Provided,  The  taxes 
levied  shall  be  distributed  from  year  to  year,  as  the 
same  may  be  collected  ;  And  provided,  That  all  the 
sums  arising  from  said  tax  which  may  be  collected 
from  Africans,  or  persons  of  African  descent,  shall  be 
exclusively  appropriated  for  the  maintenance  of  a 
system  of  public  schools  lor  Africans  and  their  child- 
ren ;  and  it  shall  be  the  duty  of  the  Legislature  to 
encourage  schools  among  these  people.  Tex.,  519. 
— The  Governor,  by  and  with  the  advice  and  consent 
of  two-thirds  of  the  Senate,  shall  appoint  an  oflScer 
to  be  styled  the  Superintendent  of  Public  Instruction. 
His  term  of  office  shall  be  four  years,  and  his  annual 
salary  shall  not  be  less  than  ($2,000)  two  thousand 
dollars,  payable  at  stated  times;  and  the  Governor, 
Comptroller  and  Superintendent  of  Public  Education, 
shall  constitute  a  Board  to  be  styled  a  Board  of  Edu- 
cation, and  shall  have  the  general  management  and 
control  of  the  perpetual  school  fund,  and  common 
schools,  under  such  regulations  as  the  Legislature  may 
hereafter  prescribe.     Tex.,  520. 

— The  several  counties  in  this  State  which  have  not 
received  their  quantum  of  the  lands  for  the  purposes 
of  education,  shall  be  entitled  to  the  same  quantity 
heretofore  appropriated  by  the  Congress  of  the 
Republic  of  Texas,  and  the  State,  to  other  counties. 
And  the  counties  which  have  not  had  the  lands  to 
whicli  they  are  entitled  for  educational  purposes, 
located,  shall  have  a  right  to  contract  for  the  location, 
surveying  and  procuring  the  patents  for  said  lands, 
and  of  paying  for  the  same  with  any  portion  of  said 
lands  so  patented,  not  to  exceed  one-lburth  of  the 
whole  amount  to  be  .so  located,  surveyed  and 
patented  —  to  be  divided  according  to  quantity, 
allowing  to  each  part  a  fair  proportion  of  land,  water 
and  timber.     Tex.,  520. 

— Laws  for  the  encouragement  of  virtue  and  preven- 
tion of  vice  and  immorality  ought  to  be  constantly 
kept  in  force  and  duly  executed;  and  a  competent 
number  of  schools  ought  to  be  maintained  in  each 
town,  for  the  convenient  instruction  of  youth,  and 
one  or  more  grammar  schools  be  incorporated  and 


185 


properly  supported,  in  each  county  in  this  State. 
And  all  religious  societies  or  bodies  of  men  that  may 
be  hereafter  miited  or  incorporated  for  the  advance- 
ment of  religion  and  learning,  or  for  other  pious  and 
charitable  purposes,  shall  be  encouraged  and  pro- 
tected in  the  enjoyment  of  the  privileges,  immunities, 
and  estates,  which  they  in  justice  ought  to  enjoy 
under  sucli  regulations  as  the  Q-eneral  Assembly  of 
this  State  shall  direct.  Vt,  527. 
— All  money  accruing  to  this  State,  being  the  pro- 
ceeds of  forleited,  delinquent,  waste  and  unappropri- 
ated lands;  and  of  lauds heretolbre  sold  lor  taxes  and 
purchased  by  the  State  of  Virginia,  if  hereafter  re- 
deemed, or  .sold  to  others  than  this  State ;  all  grants, 
devises  or  bequests  that  may  be  made  to  this  State 
lor  the  purposes  of  education,  or  where  the  purposes 
of  such  grants,  devises  or  bequests  are  not  specified; 
this  State's  just  share  of  the  literary  luud  of  Virginia, 
whether  paid  over  or  otherwise  liquidated,  and  any 
gums  of  money,  stocks  or  property  which  this  State 
shall  have  the  right  to  claim  from  the  State  of  Vir- 
ginia for  educational  purpo.ses;  the  proceeds  of  the 
estates  of  all  persons  who  may  die  without  leaving  a 
will  or  heir,  and  of  all  escheated  lands;  the  proceeds 
of  any  ta.xes  that  maj'  be  levied  on  the  revenues  of 
any  corporation  hereafter  created ;  all  moneys  that 
may  be  paid  as  an  equivalent  for  exemption  from 
mihtary  duty,  .and  such  sums  as  may  from  time  to 
time  be  appropriated  by  the  Legislature  for  the  pur- 
pose, shall  be  set  apart  as  a  separate  fund,  to  be 
called  the  school  fund,  and  invested  under  such  regu- 
lations as  may  be  prescribed  by  law,  in  the  interest- 
bearing  securities  of  the  United  States,  or  of  this 
State,  and  the  interest  thereof  shall  be  annually 
applied  to  the  support  of  free  schools  throughout  the 
State,  and  to  no  other  purpose  whatever.  But  any 
portion  of  said  mterest  remaining  unexpended  at  the 
close  of  the  fiscal  year  shall  be  added  to,  and  remain 
a  part  of  the  capital  of  the  school  fund.      W.  Va.,  557. 

—The  Legislature  shall  provide,  as  soon  as  practicable, 
for  the  estabhshment  of  a  thorough  and  elficient  sys- 
tem of  free  schools.  They  shall  provide  lor  the 
support  of  such  schools  by  appropriating  thereto  the 
interest  of  the  invested  school  fund  ;  the  net  proceeds 
of  all  forfeitures,  confiscations  and  fines  accruing  to 
this  State  under  the  laws  thereof;  and  by  general 
taxation  on  persons  and  property,  or  otherwise. 
They  shall  also  provide  for  raising,  in  each  township, 
by  the  authority  of  the  people  thereof,  such  a  propoi- 
tion  of  the  amount  required  for  the  support  of  free 
schools  therein  as  shall  be  prescribed  by  general 
laws.      W.  Va.,  557. 

— Provision  may  be  made  by  law  for  the  election  and 
prescribing  the  powers,  duties  and  compensation  of  a 
General  Superintendent  of  Free  Schools  for  the  Slate, 
whose  term  of  office  shall  be  the  same  as  that  of  tlie 
Governor,  <and  for  a  County  Superintendent  for  each 
county,  and  for  the  election,  in  the  .several  townships, 
by  the  voters  thereof,  of  such  ofiicers,  not  specified  in 
this  Constitution  as  may  be  necessary  to  carry  out 
the  objects  of  this  article,  and  for  the  organization, 
whenever  it  may  be  deemed  expedient,  of  a  State 
Board  of  Instruction.      W.   Va.,  557. 

-The  supervision  of  public  instruction  shall  be  vested 
in  a  State  Superintendent,  and  such  other  officers  as 
the  Legislature  shall  direct.  The  State  Superintend- 
ent shall  be  chosen  by  the  qualified  electors  of  the 
State,  in  such  manner  as  the  Legislature  shall  pro- 
vide; his  power.s,  duties  and  compensation  shall  be 
prescribed  by  law  ;  J'rovided,  That  his  compensation 
shall  not  exceed  the  sum  of  twelve  hundred  dollars 
annually.      Wis.,  5U8. 

— The  proceeds  of  all  lands  that  have  been,  or  here- 
after may  be,  granted  by  the  United  States  to  this 
State,  for  educational  purposes  (except  the  lands 
heretofore  granted  for  the  purpose.--  of  a  university), 
and  all  moneys  and  the  clear  proceeds  of  all  property 
that  may  accrue  to  the  State  by  forfeiture  or  e-scheat, 
and  all  monies  which  may  be  paid  as  an  equivalent 
for  exemption  for  military  duty,  and  the  clear  pro- 

47 


ceeds  of  idl  fines  collected  in  the  several  counties  for 
any  breach  of  the  penal  law.s,  and  all  monies  arising 
from  any  grant  to  the  State,  where  the  pui-poses  of 
such  grant  are  not  specified,  and  the  five  hundred 
thousand  acres  of  land  to  which  the  State  is  entitled 
by  the  provisions  of  an  act  of  Congress  entitled  "An 
act  to  appropriate  the  proceeds  of  the  sales  of  the 
public  lands,  and  to  grant  pre-emption  rights," 
approved  the  fourth  day  of  September,  one  thousand 
eight  hundred  and  forty-one,  and  also  the  five  per 
centum  of  the  net  proceeds  of  the  public  lands  to 
which  the  State  shall  become  entitled  on  her  admis- 
sion into  the  Union  (if  Congress  shall  consent  to  such 
appropriation  of  the  two  grants  last  mentioned), 
shall  be  set  apart  as  a  separate  hind,  to  be  called  the 
school  fund,  the  interest  of  which,  and  all  other 
revenues  derived  from  the  school  lands,  shall  be 
exclusively  applied  to  the  following  objects,  to  wit: 

1.  To  the  support  and  maintenance  of  common 
school.s,  in  each  school-district,  and  the  purchase  o: 
suitable  libraries  and  apparatus  therefor. 

2.  The  residue  shall  be  appropriated  to  the  support 
and  maintenance  of  academies  and  normal  schools, 
and  suitable  libraries  and  apparatus  therefor. 

3.  The  Legislature  shall  provide  by  .law  for  the 
establishment  of  district  .schools,  which  shall  be  as 
nearly  uniforir.  as  practicable,  and  such  schools  shall 
be  free  and  without  charge  for  tuition  to  all  children 
between  the  ages  of  four  and  twenty  yeai-s,  and  no 
sectarian  instruction  .shall  be  allowed  therein. 

4.  Each  town  and  city  shall  be  required  to  raise 
by  tax,  annually,  for  the  support  of  common  schools 
tlierein,  a  sum  not  less  than  one-half  the  amount 
received  by  such  town  or  city  respectively  for  school 
purposes,  from  the  income  of  the  school  fund. 

5.  Provision  shall  be  made  by  law  lor  the  distribu-  ■ 
tion  of  the  income  of  the  scliool  funrl  among  the  sev- 
eial  towns  and  cities  of  the  State,  for  the  support  of 
common  schools  therein,  in  some  just  proportion  to 
the  number  of  childi'on  and  youth  resident  therein, 
between  the  ages  of  four  and  twenty  years,  and  no 
appropiiation  shall  be  made  from  the  school  fund  to 
any  city  or  town,  for  the  year  in  which  said  city  or 
town  shall  fail  to  raise  such  tax,  nor  to  any  .school- 
district  lor  the  year  in  which  a  school  shall  not  be 
maintained  at  least  three  months.      Wii ,  56'J. 

[The  proceeds  from  the  sale  of  lands,  except  such 
parts  as  might  be  reserved  for  public  use  or  ceded 
to  the  United  Sate.s,  were  declared  as  belonging  to 
the  school  fund,  by  tlie  Constitution  of  1821.]  P.  42. 


UNIVERSITIES— PROMOTION    OP   SCIENCE. 

— The  General  Assembly  shall  make  provision  by  law 

for  obtaining  correct  knowledge  of  the  several  objects 
proper  for  improvement  in  relation  to  the  roads  and 
navigable  waters  in  this  State,  and  for  making  a  sys- 
tematic and  economical  application  of  the  means 
appropriated  to  those  objects.  Ala.,  77. 
— The  Legislature  shall  take  mea.sures  for  the  protec- 
tion, improvement,  or  other  disposition  of  such  lands 
as  have  been,  or  may  hereafter  be  re.'ierved  or  granted 
by  the  United  States  or  any  person  or  persons,  to  the 
State  for  the  use  of  the  university;  and  the  funds 
accruing  from  the  rents  or  sale  of  such  lands,  or  fi'om 
any  other  source  for  the  purpose  albresaid,  shall  be 
and  remain  a  permanent  fund,  the  interest  of  which 
shall  be  applied  to  the  support  of  said  university,  with 
such  branches  as  the  public  convenience  may  demand 
for  the  promotion  of  literature,  the  arts  and  sciences, 
as  may  be  authorized  by  tlie  terms  of  such  grant. 
And  it  shall  be  ihe  duty  i>f  the  Legislature,  as  soon 
as  maybe,  to  provide  efi'ectual  means  for  the  improve- 
ment and  permanent  security  of  the  funds  of  said 
university.     Ca'.,  103. 

— The  charter  of  Yale  College,  sis  modified  by  agree- 
ment of  the  corporation  thereof,  in  pursuance  of  an 
act  of  the  General  Assembly,  passed  in  May,  1792,  is 
hereby  confirmed.     C'l.,  112. 


186 


— The  General  Assembly  shall  have  power  to  appro- 
priate money  for  the  promotion  of  learning  and 
science,  an'i  to  provide  for  the  education  of  the  peo- 
ple ;  and  shall  provide  for  the  early  resumption  of 
the  regular  exercises  of  the  University  of  Georgia,  by 
the  adequate  endowment  of  the  same.  Ga.,  14(3. 
— Tlie  university  lands  and  the  proceeds  thereof,  and 
all  monies  belonging  to  said  fund  shall  be  a  perma- 
nent fund  for  the  sole  use  of  the  State  University. 
The  interest  arising  from  'he  same  shall  be  annually 
appropriated  for  the  support  and  bfenetit  of  said  uni- 
versity.    Iitioa,  192. 

— The  State  University  shall  be  established  at  one 
place  without  branches  at  any  other  place,  and  the 
university  fund  shall  be  applied  to  that  institution, 
and  no  other.     Inwu,  192. 

— The  General  Assembly  shall  take  measm-es  for  the 
protection,  improvement,  or  other  disposition  of  such 
lands  as  have  been,  or  may  thereafter  be  reserved,  or 
gVanted  by  the  United  States,  or  any  person  or  per- 
sons, to  this  State,  for  the  use  of  a  university,  and 
the  funds  accruing  from  the  rents  or  sale  of  such 
lands,  or  from  any  other  source  for  the  purpose  afore- 
.said,  shall  be,  and  remain  a  permanent  fund,  the 
interest  of  which  shall  be  applied  to  the  sujiport  of 
the  university,  for  the  promotion  of  literature,  the 
arts  and  sciences,  as  may  be  authorized  by  the  terms 
of  such  grant.  And  it  shall  be  the  duty  of  the  Gen- 
eral Assembly,  as  soon  as  maybe,  to  provide  ellectual 
means  for  the  improvement  and  permanent  security 
of  the  funds  of  said  University.  Joiva,  193. 
— The  Legislature  shall  encourage  the  j)romotion  of 
intellectual,  moral,  scientiQc  and  agricultural  improve- 
ment, by  establishing  a  uniform  system  of  common 
schools,  and  .schools  of  a  higher  grade,  embracing 
normal,  preparatory,  collegiate,  and  university 
departments.     Kun.,  202. 

— Provision  shall  be  made  by  law  for  the  establish- 
ment, at  some  eligible  and  central  point,  of  a  State 
university,  for  the  promotion  of  literature  and  the 
arts  and  sciences,  including  a  normal  and  an  agricul- 
tural department.  All  funds  arising  from  the  sale  or 
rents  of  lands  granted  by  the  United  States  to  the 
State  for  the  support  of  a  State  univerity,  and  all 
other  grants,  donations,  or  bequests,  either  by  the 
State  or  by  individuals,  for  such  purpose,  shall  remain 
a  perpetual  fund,  to  be  called  the  "  University  fund  ;" 
the  interest  of  which  shall  be  appropriated  to  the 
support  of  the  State  university.  Kan.,  203. 
— A  University  shall  be  established  in  the  city  of 
New  Orleans.  It  shall  be  composed  of  four  Facul- 
ties, to  wit:  one  of  Law,  one  of  Medicine,  one  of 
the  Natural  Sciences,  and  one  of  Letters;  the  Legis- 
lature shall  provide  by  law  for  its  organization  and 
maintenance.     Im.,  236. 

— AH  moneys  arising  from  the  sales  which  have  been, 
or  may  hereafter  be  made  of  any  lands  heretofore 
granted  by  the  United  States  to  this  State  for  the 
use  of  a  specific  seminary  of  learning,  or  from  any 
kind  of  a  donation  that  may  hereafter  be  made  for 
that  purpose,  shall  be  and  remain  a  perpetual  fund, 
the  interest  of  which  at  six  per  cent,  per  annum  shall 
be  appropriated  to  the  promotion  of  literature  and 
the  arts  and  sciences,  and  no  law  shall  ever  be 
made  diverting  said  funds  to  any  other  u.se  than  to 
the  establishment  and  improvement  of  said  seminary 
of  learning ;  and  the  General  Assembly  shall  have 
power  to  raise  funds  for  the  organization  and  support 
of  said  Seminary  of  learning  in  such  manner  as  it 
may  deem  proper.     La.,  236. 

— A  general  diffusion  of  the  advantages  of  education 
being  essential  to  the  preservation  of  the  rights  and 
liberties  of  the  people;  to  promote  this  important 
object,  the  Legislature  are  authorized,  and  it  shall  be 
their  duty  to  require  the  several  towns  to  make  suita- 
ble provision,  at  their  one  expen.se,  for  the  support 
and  maintenance  of  public  schools,  and  it  shall  further 
be  their  duty,  to  encourage  and  suitably  endow,  from 
time  to  time,  as  the  circumstances  of  the  people  may 
authorize,  all  academies,  colleges  and  seminaries  of 
learning  within  the  State;  Provided,  That  no  dona- 
tion, grant,  or  endowment,  shall  at  any  time  be  made 


by  the  Legislature,  to  any  literary  institution  now 
(«tablished,  or  which  may  hereafter  lie  established, 
unless,  at  the  time  of  making  such  endowment,  the 
Legislature  of  the  Slate  shall  have  the  right  to  grant 
any  further  powers  to  alter,  limit  or  restrain  any  of 
the  powers  vested  in  any  such  literary  institution  as 
sliali  be  .judged  necessary  to  promote  the  best 
interests  tliereoK     Me-.  247. 

— Wisdom  and  knowledge,  as  well  as  virtue,  dift'used 
generally  among  the  body  of  the  people,  being  neces- 
sary for  the  preservation  of  their  rights  and  liberties; 
and  as  these  depend  on  spreading  the  opportunities 
and  advantages  of  education  in  the  various  parts.of 
the  country,  and  among  the  differejit  orders  of  the 
people,  it  shall  be  the  duty  of  the  Legislatures  and 
magistrates,  in  all  future  periods  of  this  Common- 
wealth, to  cherish  the  interests  of  literature  and  the 
sciences,  and  all  seminaries  of  them ;  especially  the 
university  at  Cambridge,  public  schocls,  and  grammar 
schools  in  the  towns ;  to  encourage  private  societies 
and  pul)lic  institutions,  rewards  and  immunities,  for 
the  promotion  of  agriculture,  arts,  sciences,  commerce, 
trades,  manufactures,  and  a  natural  history  of  the 
country  ;  to  countenance  and  inculcate  the  principles 
of  humanity  and  general  benevolence,  public  and  pri- 
vate charity,  industry  and  frugalit}',  honesty  and 
punctuality  in  Uu-ir  dealings;  sincerity,  and  good 
liumor,  and  all  social  affections  and  generous  senti- 
ments among  the  people.  Mass,  291. 
— That  the  Legislature  ought  to  encourage  the  diffu- 
sion of  knowledge  and  virtue,  the  extension  of  a 
judicious  .system  of  general  education,  the  promotion 
of  literature,  the  arts,  science,  agriculture,  commerce 
and  manufactures,  and  the  general  melioration  of  the 
condition  of  the  people.  Md.,  256. 
— There  shall  be  elected  in  the  year  eighteen  hun- 
dred and  sixty-three,  at  the  time  of  the  election  of  a 
Justice  of  the  Supreme  Court,  eight  Kegenls  of  the 
University,  two  of  whom  shall  hold  their  office  for 
two  years,  two  for  four  years,  two  for  si.x  years,  and 
two  for  eight  year.s.  They  shall  enter  upon  the  duties 
of  their  oiHce  on  the  first  of  January  n(!xt  succeed- 
ing their  election.  At  every  regular  election  of  a 
Justice  of  the  Sujireme  Court  thereafter,  there  shall 
be  elected  two  Regents,  whose  term  of  office  shall  be 
eight  years.  When  a  vacancy  shall  occur  in  the 
office  of  Regent,  it  .shall  be  filled  by  appointment  of 
the  Governor.  The  Regents  thus  elected  shall  con- 
stitute the  Board  of  Regents  of  the  University  of 
Michigan.     Mich.,  311. 

— The  Regents  of  the  L'niversity  and  their  successors 
in  office  shall  continue  to  constitute  the  body  corpo- 
rate, known  by  the  name  and  title  of  "The  Regents 
of  the  University  of  Michigan."  Mich.,  311. 
— The  Regents  of  the  University  shall  at  their  first 
annual  meeting,  or  as  soon  thereafter  as  may  be, 
elect  a  President  of  the  University,  who  .shall  be  ex 
officio  a  member  of  their  Board,  with  the  privilege  of 
speaking,  but  not  of  voting.  He  shall  preside  at  the 
meetings  of  the  Regents,  and  be  the  principal  execu- 
tive officer  of  the  University.  The  Board  of  Regents 
shall  have  tlie  general  supervision  of  the  University, 
and  the  direction  and  control  of  all  expenditures  from 
the  University  interest  fund.  Mich.,  311. 
— The  Legislature  shall  encourage  the  promotion  of 
intellectual,  .scientific,  and  agricultural  improvement; 
and  shall,  as  soon  as  practicable,  provide  for  the 
establishment  of  an  agricultural  school.  The  Legisla- 
ture may  appropriate  the  twenty-two  sections  of  salt 
spring  lands  now  unappropriated,  or  the  money  aris- 
ing from  the  .sale  of  the  same,  where  such  lands  have 
been  already  sold,  and  any  land  which  may  hereafter 
be  granted  or  appropriated  for  such  purpose,  for  the 
support  and  maintenance  of  such  school,  and  may 
make  the  same  a  branch  of  the  University  for  instruo- 
tion  in  agriculture  and  the  natural  sciences  connected 
therewith,  and  place  the  same  under  the  supervision 
of  the  Regents  of  the  Univerity.  Mich.,  311. 
— The  location  of  the  University  of  Minnesota,  as 
established  by  existing  laws,  is  hereby  confirmed  and 
said  institution  is  hereby  declared  to  be  the  Univer- 
sity of  the  State  of  Minnesota.     All  the  rights,  immu- 


187 


nities,  franchises,  and  endowments  heretofore  granted 
or  conferred,  are  hereby  perpetuated  unto  tlie  said 
University,  and  all  lands  which  may  bo  granted 
hereafter  by  Congress,  or  other  donations,  for  said 
University  purposes,  shall  vest  in  the  institution 
referred  to  in  this  section.  Minn.,  326. 
— The  General  Assembly  shall  also  establish  and 
maintain  a  State  University,  with  departments  for 
instruction  in  teaching,  in  agriculture,  and  in  natural 
science,  as  soon  as  the  public  school  fund  will  permit. 
Mo.,  360. 

—The  Legislature  shall  provide  for  the  establishment 
of  a  State  University,  which  shall  embrace  depart- 
ments for  agriculture,  mechanic  arts  and  mining,  to 
be  controlled  by  a  Board  of  Regents,  whose  duties 
.shall  be  prescribed  by  law.  Nev.,  390. 
— The  Legislature  shall  provide  a  special  tax  of  one- 
half  of  one  mill  on  the  dollar  of  all  taxable  property 
in  the  State,  in  addition  to  the  other  means  provided 
for  the  support  and  maintenance  of  said  university 
and  connnon  schools :  Provided,  That  at  the  end  of 
ten  years  they  may  reduce  said  tax  to  one-quarter  of 
one  mill  on  each  dollar  of  taxable  property.  Neo.,  390. 
— The  Governor,  Secretary  of  State,  and  Superintend- 
ent of  Public  Instruction  shall,  for  the  first  four  years, 
and  until  their  successors  are  elected  and  qualified, 
constitute  a  Board  of  Regents,  to  control  and  manage 
the  affairs  of  the  University  and  the  funds  of  the  same, 
under  such  regulations  as  may  be  provided  by  law. 
But  tlie  Legislature  shall,  at  its  regular  session  next 
preceding  the  expiration  of  the  term  of  olBce  of  the 
said  Board  of  Regents,  provide  for  the  election  of  a 
new  Board  of  Regents  and  define  their  duties.  Nev., 
390. 

— The  Board  of  Regents  shall,  from  the  interest 
,iccruing  from  the  first  funds  which  come  under  their 
control,  inmiediately  organize  and  maintain  the  said 
mining  department  in  such  manner  as  to  make  it  the 
most  effective  and  usefiil ;  Provided,  That  all  the  pro- 
■ceeds  of  the  public  lands  donated  by  act  of  Congress 
approved  July  second,  eighteen  hundred  and  sixty- 
two,  for  a  college  for  the  benefit  of  agriculture,  the 
mechanic  arts,  and  including  military  tactics,  shall  be 
invested  by  the  said  Board  of  Regents  in  a  separate 
fund,  to  be  appropriated  exclusively  to  the  benefit  of 
the  first  named  departments  to  the  University,  as  set 
forth  in  section  four  aljove,  and  the  Legislature  shall 
provide  that  if,  through  neglect  or  any  other  conting- 
ency, any  portion  of  the  fund  so  set  apart  shall  be 
lost  or  misappropriated,  the  State  of  Nevada  shall 
replace  said  amount  so  lost  or  misappropriated  in  said 
fund,  so  that  the  principal  of  said  fund  shall  remain 
forever  undiminished.  Nev.,  390. 
— Knowledge  and  learning,  generally  diffused  through 
a  comnmnity,  being  essential  to  the  preservation  of 
a  free  government;  spreading  the  opportunities  and 
advantages  of  education  through  the  various  parts  of 
the  country  being  highly  conducive  to  promote  this 
end,  it  sliall  lie  t!:e  duty  of  the  Legislatures  and 
magistrates,  in  all  future  periods  of  this  government, 
to  cherish  the  interests  of  literature  and  the  sciences, 
and  all  seminaries  and  public  schools;  to  encourage 
private  and  public  institutions,  rewards  and  immuni- 
ties for  the  promotion  of  agriculture,  arts,  sciences, 
■commerce,  trade,  manufactures  and  natural  history 
of  the  country ;  to  countenance  and  inculcate  the 
principles  of  humanity  and  general  benevolence, 
public  and  private  chanty,  industry  and  economy, 
lionesty  and  punctuality,  sincerity,  sobriety,  and  all 
social  art'ections  and  generous  sentiments  among  the 
people.     N.  II.,  409. 

— The  Governor,  Secretary  of  State  and  State  Treas- 
urer, shall  constitute  a  Board  of  Commissioners  for 
■the  sale  of  school  and  universit)*  lands,  and  for  the 
investment  of  the  funds  arising  therefrom,  and  their 
powers  and  duties  shall  be  such  as  may  be  prescribed 
by  law;  Provided,  That  no  part  of  the  university 
funds,  or  of  the  interest  arising  therefrom,  shall  be 
expended  until  the  period  of  ten  years  from  the 
adoption  of  this  Constitution,  unless  the  same  shall 
be  otherwise  disposed  of,  by  the  consent  of  Congress, 
ibr  common  school  purposes.     Or.,  456. 


— The  arts  and  .sciences  shall  be  promoted  in  one  or 
more  seminaries  of  learning.  Pa.,  406. 
— The  above  provisions  shall  not  be  construed  to  pre- 
vent the  Legislature  from  carrying  into  effect  any  laws 
have  been  passed  in  favor  of  the  colleges,  universities 
or  academies,  or  from  authorizing  heirs  or  distribu- 
tees to  receive  and  enjoy  escheated  property,  under 
such  rules  and  regulations  as,  from  time  to  time,  may 
be  prescribed  by  law.  Tean.,  500. 
—  The  moneys  and  lands  heretofore  granted  to,  or 
which  may  hereafter  be  granted  for  the  endowment 
and  support  of  one  or  more  universities,  shall  consti- 
tute a  special  fund  for  the  maintenance  of  said 
universities,  and  until  the  university  or  universities 
are  located  and  commenced,  the  principal  and  the 
interest  arising  from  the  investment  of  the  principal, 
shall  be  vested  in  like  manner,  and  under  the  same 
restrictions  as  provided  for  the  investment  and  con- 
trol of  the  perpetual  public  school  fund,  in  section 
four  and  five  (4  and  5)  in  this  article  of  the  Consti- 
tution, and  the  Legislature  shall  have  no  power  to 
appropriate  the  university  fund  for  any  other  purpose 
than  that  of  the  maintenance  of  said  universities,  and 
the  Legi-slature  shall,  at  an  early  day,  make  such  pro- 
visions, by  law,  as  will  organize  and  put  into  opera- 
tion the  university.     Tex.,  519. 

— The  Legislature  shall  foster  and  encourage  moral, 
intellectual,  scientific  and  agricultural  improvement ; 
they  shall,  whenever  it  may  be  practicable,  make 
suitable  provision  for  the  blind,  mute  and  insane,  and 
for  the  organization  of  such  institutions  of  learning  as 
the  best  interests  of  general  education  in  the  State 
may  demand.      W.  Va.,  557. 

— Provision  shall  be  made  by  law  for  the  establish- 
ment of  a  State  university,  at  or  near  the  seat  of  State 
government,  and  for  connecting  with  the  same  from 
time  to  time,  such  colleges  in  different  parts  of  the 
State,  as  the  interests  of  education  may  require.  The 
proceeds  of  all  lands  that  have  been  or  may  hereafter 
be  granted  by  the  United  States  to  the  State  for  the 
support  of  a  university,  shall  be  and  remain  a  per- 
petual fund,  to  be  called  the  "  university  fund,"  the 
interest  of  which  shall  be  appropriated  to  the  support 
of  the  State  university,  and  no  sectarian  instruction 
shall  be  allowed  in  such  university.  Wis.,  569. 
— The  Secretary  of  State,  Treasurer,  and  Attorney- 
General  shall  constitute  a  Board  of  Commissioners  for 
the  sale  of  the  school  and  university  lands,  and  for  the 
investment  of  the  funds  arising  therefrom.  Any  two 
of  said  Commissioners  shall  be  a  quorum  for  the 
transaction  of  all  business  pertaining  to  the  duties 
of  their  office.      Wis.,  569. 

— Provision  shall  be  made  by  law  for  the  sale  of  all 
school  and  university  lands,  after  they  shall  have 
been  appraised,  and  when  any  portion  of  such  lands 
shall  be  sold,  and  the  purchase-mon<'y  shall  not  be 
paid  at  the  time  of  the  sale,  the  Commissioners  shall 
take  security  by  mortgage  upon  the  land  sold  for  the 
sum  remaining  unpaid,  with  seven  per  cent  interest 
thereon,  payable  atmually  at  the  office  of  the  Treas- 
urer. The  Commissioners  shall  be  authorized  to  exe- 
cute a  good  and  sufficient  conveyance  to  all  purchasers 
of  such  lands,  and  to  discharge  any  mortgages  taken 
as  security,  when  the  sum  due  thereon  shall  have 
been  paid.  The  Commissioners  shall  have  power  to 
withhold  from  sale  any  portion  of  such  lands  when 
they  shall  deem  it  expedient,  and  shall  invest  all 
moneys  arising  from  the  sale  of  such  lands,  as  well 
as  all  other  university  and  school  fimds  ,in  such  man- 
ner as  the  Legislature  shall  provide,  and  shall  give 
such  security  for  the  faithful  performance  of  their 
duties  as  may  be  required  by  law.      Wis.,  569. 


LIBRARIES. 

— The  State  Librarian  shall  be  elected  by  a  joint  vote 
of  the  two  branches  of  the  General  Assembly  for  four 
years,  and  until  iiis  successor  shall  be  elected  and 
quahfied.  His  salary  shall  be  fifteen  hundred  dollars 
per  annum,  and  the  General  Assembly  shall  pass  no 
law  whereby  he  shall  receive  any  additional  compen- 


188 


ARTICLE  X. 

1  Section  1.  Sheriffs,  clerks  of  counties,  including  the  Eegister  and  Clerk  of 

2  the  city  and  county  of  New  York,  Coroners,  and  District  Attorneys,  shall  be 

3  chosen  by  the  electors  of  the  respective  counties,  once  in  every  three  years 

4  and  as  often  as  vacancies  shall  happen.  Sheriffs  shall  hold  no  other  office,  and 

5  be  ineligible  for  the  next  three  years  after  the  termination  of  their  offices. 

6  They  may  be  required  by  law  to  renew  their  security  from  time  to  time  ;  and 

7  in  default  of  giving  such  new  security,  their  offices  shall  be  deemed  vacant. 

8  But  the  county  shall  never  be  made  responsible  for  the  acts  of  the  Sheriff. 

9  The  Governor  may  remove  any  officer  in  this  section  mentioned,  within  the 

10  term  for  which  he  shall  have  been  elected ;  giving  to  such  officer  a  copy  of  the 

11  charges  against  him,  and  an  opportunity  of  being  heard  in  his  defense. 


sation.  He  shall  perform  such  duties  as  are  now  or 
may  hereafter  be  prescribed  by  law.  In  case  of  a 
vacancy  in  the  office  of  State  Librarian  from  death, 
resignation  or  other  cause,  the  Governor  shall  fill 
such  vacancy  until  the  next  meeting  of  the  General 
Assembly  thereafter,  and  until  a  successor  be  elected 
and  qualified.     Md.,  273. 

— The  Legislature  shall  also  provide  for  the  establish- 
ment of  at  least  one  librarian  in  each  township;  and 
all  fines  assi^ssed  and  collected  in  the  several  counties 
and  townships  for  any  breach  of  the  penal  laws,  shall 
be  exclusively  applied  to  the  support  of  such  libraries. 
Mich.,  3il. 


COUNTY  AND  TOWN  OFFICERS. 

— That  town  clerks,  supervisors,  assessors,  constables, 
collectors,  and  all  other  officers,  heretolore  eligible  by 
the  people  shall  always  continue  to  be  so  eligible,  in 
the  manner  directed  by  the  present  or  future  acts  of 
the  Legislature.     N.  Y.  (1777),  31. 

[The  provisions  embraced  in  section  one  of  article 
ten  are  copied  from  the  New  York  Constitution  of 
1821.] 

-  -That  loan  officprs,  county  treasnreis,  and  clerks  of 
the  supervisors,  continue  to  be  appointed  in  the 
manner  directed  by  the  present  or  future  acts  of  the 
Legislature.     N.  Y.  (1777),  31. 

— That  sheriOs  and  coroners  be  annually  appointed  ; 
and  that  no  person  shall  be  capable  of  holding  either 
of  the  said  offices  more  than  four  years  successively  ; 
nor  tiie  sheriff  of  holding  any  other  office  at  the 
same  time.     N.  Y.  (1777),  30. 

— The  clerks  of  courts,  except  those  clerks  whose 
appointment  is  provided  for  in  the  preceding  sec- 
tion, shall  be  appointed  by  the  courts  of  whicli  they 
respectively  are  clerks;  and  district  attorneys,  by  the 
County  Court's.  Clerks  of  courts  and  district  attor- 
neys shall  hold  their  offices  for  three  years,  unless 
sooner  removed  by  the  courts  appointing  them.  N. 
Y.  (1821).  39. 

— So  many  coroners  as  the  Legislature  may  direct, 
not  exceeding  four  in  each  county,  shall  be  elected 
in  the  same  manner  as  sheriffs,  and  shall  hold  their 
offices  lor  the  same  term,  and  be  removable  in  like 
manner.     A^.  Y.  (1821),  -10. 

— A  Sheriff  shall  be  elected  in  each  county,  by  the 
qualilied  electors  thereof,  who  shall  hold  his  office  for 
the  term  of  three  years,  unless  .sooner  removed,  and 
sh:dl  not  be  eligible  to  serve,  either  as  principal  or 
deputy,  for  any  two  successive  terms.     Vacancies  in 


the  office  of  Sheriff  shall  be  filled  by  th(!  (governor, 
as  in  other  cases;  and  the  person  so  appointed  shall 
continue  in  office  until  the  next  general  election  in 
the  county  for  Sheriff  as  by  law  provided.  Ala.,  81. 
— The  qualified  voters  of  each  township  shall  elect 
one  Constable  foi'  the  term  of  two  years,  who  shall 
hold  his  office  till  his  successor  is  elected  and  quah- 
fied,  who  shall,  during  his  continuance  in  office,  reside 
in  the  town.ship  for  which  he  was  elected.  Incor- 
jioratcd  towns  may  have  a  separate  Constable  and  a 
separate  Magistracy.     Ark.,  92. 

— The  qualified  voters  of  each  county  shall  elect  one 
Sheriflf,  one  Coroner,  and  one  County  Surveyor,  for 
the  term  of  two  years,  and  until  their  successors  are 
elected.  They  shall  be  commissioned  by  the  Gover- 
nor, reside  in  their  respective  counties  during  their 
continuance  in  office,  and  be  disqualified  for  the  office 
a  .second  term,  if  it  should  appear  that  they  or  either 
of  them  are  in  default  for  moneys  collected  by  virtue 
of  their  respective  offices.  Ark.,  97. 
—  A  Sheriff  shall  be  appointed  in  each  county  by  the 
electors  therein,  in  such  manner  as  shall  l)e  prescribed 
by  law,  who  shall  hold  his  office  for  three  years, 
removal)le  by  the  General  Assembly,  and  shall  become 
bound  with  sufficient  .sureties  to  the  Treasurer  of  the 
State,  for  the  faithfiil  discharge  of  the  duties  of  his 
office.      Ct,  115. 

— The  Sheriff  and  Coroner  of  each  county  shall  be 
chosen  by  the  citizens  residing  in  such  county.  They 
shall  hold  their  respective  offices  for  two  ycar.s,  if  so 
long  they  behave  themselves  well,  and  until  succes- 
sors be  duly  qualified ;  but  no  per.son  shall  be  twice 
chosen  Sheriff  up  in  election  by  the  citizens  in  any 
term  of  four  years.  They  shall  be  commissioned  by 
the  Governor.  The  Governor  shall  fill  vacancies  in 
these  offices  by  appointments  to  continue  until  the 
next  election,  and  until  successors  shall  be  duly  qual- 
ified. The  Legislature,  two-thirds  of  each  branch 
concurring,  may  vest  the  appointment  of  Sheriffs  and 
Coroners  in  the  Governor;  but  no  person  shall  be 
twice  appointed  Sheriff'  in  any  term  of  six  years. 
Del.,  125. 

- — County  Judges,  Clerks,  Sheriffs,  and  other  county 
officers,  lor  willful  neglect  of  duty,  or  misdemeanor  in 
office,  shall  he  liable  to  presentment  or  indictment  by 
a  grand  .jury,  and  trial  by  a  petit  jury;  and,  upon 
conviction,  shall  be  removed  from  office.  III.,  161. 
— -There  shall  be  elected  in  each  county,  by  the  voters 
thereof,  at  the  time  of  holding  general  elections,  a 
Clerk  of  the  Circuit  Court,  Auditor,  Recorder,  Trea.s- 
urer.  Sheriff,  Coroner,  and  Surveyor.  The  Clerk, 
Auditor,  and  Recorder,  shall  continue  in  office  four 


189 

1  §  2.  All  county  officers  whose  election  or  appointment  is  not  provided  for 

2  by  this  Constitution,  shall  be  elected  by  the  electors  of  the  respective  counties, 

3  or  appointed  by  the  Board  of  Supervisors,  or  other  county  authorities,  as  the 

4  Legislature  shall  direct.    All  city,  town  and  village  officers,  whose  election  or 

5  appointment  is  not  provided  for  by  this  Constitution,  shall  be  elected  by  the 

6  electors  of  such  cities,  towns  and  villages,  or  of  some  division  thereof,  or 

7  appointed  by  such  authorities  thereof  as  the  Legislature  shall  designate  for 

8  that  purpose.    All  other  officers  whose  election  or  appointment  is  not  provided 

9  for  by  this  Constitution,  and  all  officers  whose  offices  may  hereafter  be  created 

10  by  law,  shall  be  elected  by  the  people,  or  appointed  as  the  Legislature  may 

11  direct. 


years;  and  no  person  shall  be  eligible  to  the  office  of 
Clerk,  Recorder,  or  Auditor,  more  than  eight  years 
in  any  period  of  twelve  years.  The  Treasurer,  Sheriff, 
Coroner,  and  Surveyor,  shall  continue  in  office  two 
years ;  and  no  person  sliall  be  eligible  to  the  office  of 
Treasurer  or  Sheritf  more  than  four  years  in  any 
period  of  six  years.     Ind.,  176. 

— -There  shall  be  elected  in  each  county  in  this  State, 
by  the  qualified  electors  thereof,  a  Sheriff,  who  shall 
hold  his  office  for  the  term  of  two  years,  and  until 
his  successor  shall  have  been  elected  and  qualified : 
Provided,  no  person  shall  be  eligible  to  the  said  office 
more  than  once  in  four  year's,  III.,  103. 
— Ko  person  shall  be  elected  or  appointed  as  a  county 
officer  who  shall  not  be  an  elector  of  the  county ;  nor 
any  one  who  shall  not  have  been  an  inhabitant 
thereof  during  one  year  next  preceding  his  appoint- 
ment, if  the  county  shall  have  been  so  long  organized  ; 
but  if  the  county  shall  not  have  been  so  long  organ- 
ized, then  within  the  limits  of  the  county  or  counties 
out  of  which  the  .same  shall  have  been  taken.  Ind., 
176. 

— Vacancies  in  county,  township  and  town  offices, 
shall  be  filled  in  such  manner  as  shall  be  prescribed 
by  law.     Ind.,  176. 

— Such  other  county  and  township  officers  as  may  be 
necessary,  shall  be  elected  or  appointed  in  such  man- 
ner as  may  be  prescribed  by  law.  lad.,  176. 
— The  Legislature  shall  provide  for  such  county  and 
townshi]>  officers  as  may  be  necessary.  Kan.,  203. 
— All  count)'  officers  shall  hold  their  offices  for  the 
term  of  two  yeriVs,  and  until  their  successors  shall  be 
qualified ;  but  no  person  shall  hold  the  office  of 
Sheriff  or  County  Treasurer  for  more  than  two  con- 
secutive terms.     Kan.,  203. 

— All  county  and  township  officers  may  be  removed 
from  office,  in  such  manner  and  for  such  cause  as  shall 
be  prescribed  by  law.  Kan.,  203. 
— There  shall  be  elected  in  each  organized  county  a 
Clerk  of  the  District  Court,  who  shall  hold  his  office ' 
two  years,  and  whose  duties  shall  be  prescribed  by 
law.     Kan.,  201. 

— No  person  shall  bo  eligible  to  the  offices  mentioned 
in  this  article,  who  is  not  at  the  time  twenty-four 
years  old  (except  Clerks  of  County  and  Circuit  Courts, 
Sheriffs,  Constables  and  County  Attorneys,  who 
shall  be  eligible  at  the  age  of  twenty-one  years),  a 
citizen  of  the  United  States,  and  who  has  not  resided 
two  years  next  preceding  the  election,  in  the  State, 
and  one  year  in  the  county  or  district  for  which  he  is 
a  candidate.  No  person  shall  bo  eligible  to  the  office 
of  Commonwealth's  or  county  Attorney,  unless  ho 
shall  have  been  a  licensed  practicing  Attorney  for 
two  years.  Ky.,  218. 
48 


— The  General  Assembly  may  provide  for  the  election 
or  appointment,  for  a  term  not  exceeding  four  years, 
of  such  other  county  or  district  ministerial  and  exe- 
cutive officers  as  shall,  from  time  to  time,  be  necessary 
and  proper.     Kij.,  219. 

— A  Sheriff  shall  be  elected  in  each  county,  by  the 
quahfied  voters  thereof,  whose  term  of  office  shall, 
after  the  first  term,  be  two  years,  and  until  his  suc- 
cessor be  quahfied ;  and  he  shall  be  re-eligible  for  a 
second  term ;  but  no  Sh  eriff  shall,  after  the  expira- 
tion of  the  second  term,  be  re-eligible,  or  act  as 
deputy,  for  the  succeeding  term.  The  first  election 
of  Sheriff  shall  be  on  the  second  Monday  in  May. 
1851;  and  the  Sheriffs  then  elected  shall  hold  their 
offices  until  the  first  Monday  in  Januaiy,  1853,  and 
until  their  successors  be  qualified ;  and  on  the  first 
Monday  in  August,  1852,  and  on  the  first  Monday  of 
August  in  every  second  year  thereafter,  elections  for 
Sheriffs  shall  be  held:  Provided,  That  the  Sheriffs 
first  elected  shall  enter  upon  the  duties  of  their 
respective  offices  on  the  first  Monday  in  June,  1851, 
and  after  the  first  election  on  the  first  Monday  in 
January  next  succeeding  their  election.  Ky.,  218. 
— Officers  for  towns  and  cities  shall  be  elected  for 
such  terms,  and  in  such  manner,  and  with  such 
qualifications  as  may  be  prescribed  by  law.  Ky.,  219. 
— Clerks,  Sheriffs,  Surveyors,  Coroners,  Constables, 
and  Jailors,  and  such  other  officers  as  the  General 
Assembly  may  from  time  to  time  require,  shall, 
before  they  enter  upon  the  duties  of  their  respective 
offices,  and  as  often  thereafter  as  may  be  deemed 
proper,  give  such  bond  and  security  as  shall  be  pre- 
scribed by  law.     Ky.,  219. 

— A  Sheriff  and  a  Coroner  shall  be  elected  in  each 
parish  by  the  qualified  voters  thereof,  who  shall  hold 
their  offices  for  the  term  of  two  years.  The  Legisla- 
ture shall  have  the  power  to  increase  the  number  of 
Sheriffs  in  any  parish.  Should  a  vacancy  occur  in 
either  of  these  offices  subsequent  to  an  election,  it 
shall  be  filled  by  the  Governor,  and  the  person  so 
appointed  shall  continue  in  office  until  his  successor 
shall  be  elected  and  qualified.  La.,  232. 
— [Sheriffs,  Coroners,  &c.,  appointed  by  the  Gover- 
nor and  Council]     Me.,  244. 

— There  shall  be  elected  in  each  county,  and  in  the 
city  of  Baltimore,  in  every  second  year,  one  person, 
resident  in  said  county  or  city,  above  the  age  of 
twenty-five  years,  and  at  least  five  years  preceding 
his  election,  a  citizen  of  this  State,  to  the  office  of 
Sheriff.  lie  shall  hold  his  office  for  two  years  and 
until  his  successor  is  duly  elected  and  qualified  ;  shall 
be  ineligible  for  two  years  thereafter ;  shall  give  such 
bond,  exercise  such  powers  and  perform  such  duties 
as  now  are  or  may  hereafter  be  fixed  by  law.     In 


190 


case  of  a  vacancy  by  death,  refusal  to  serve  or  neglect 
to  qualify  or  give  bond,  by  disqualification  or  removal 
from  the  county  or  city,  the  Governor  shall  apjtoint 
a  person  to  be  Sherift'  for  the  remainder  of  the  official 
term.     Md.,  270. 

— Coroners,  Ehsors,  and  Notaries  Public  may  be 
appointed  for  each  county  and  the  city  of  Baltimore, 
in  the  manner,  for  the  purposes,  and  with  the  powers 
now  fixed  or  which  may  hereafter  be  prescribed  by 
law.     Md..  270. 

— The  Legislature  shall  prescribe,  hy  general  law,  for 
tlie  election  of  Sheriffs,  Registers  of  Probate,  Com- 
missioners of  Insolvency,  and  Clerks  of  the  Courts, 
by  the  people  of  the  several  counties,  and  that  Dis- 
trict Attorneys  shall  be  chosen  by  the  people  of  the 
several  districts,  for  such  term  of  oflice  as  the  Legis- 
lature shall  prescribe.  Mass.,  298. 
— Ko  person  shall  be  capable  of  holding  or  exercising 
at  the  same  time,  within  this  State,  more  than  one  of 
the  following  offices,  viz. :  Judge  of  Probate,  Sheriff", 
Register  of  Probate,  or  Register  of  Deeds ;  and  never 
more  than  any  two  offices,  which  are  to  be  held  hy 
appointment  of  the  Governor,  or  the  Governor  and 
Council,  or  the  Senate,  or  the  House  of  Representa- 
tives, or  by  the  election  of  the  people  of  the  State  at 
large,  or  of  tlie  people  of  any  county,  mihtary  offices 
and  the  offices  of  Justices  of  the  Peace  excepted, 
shall  be  held  by  one  person.  Mass.,  2D2. 
— There  shall  be  elected  annually,  on  the  first  Monday 
of  April,  in  each  organized  township,  one  Supervisor, 
one  Township  Clerk,  who  shall  be  ex  officio  School 
Inspector,  one  Commissioner  of  Highways,  one  Town- 
ship Treasurer,  one  School  Inspector,  not  exceeding 
four  Constables,  and  one  Overseer  of  Highways  for 
each  highway  district,  whose  powers  and  duties  shall 
be  prescribed  by  law.  Mich.,  309. 
— In  each  organized  county  there  shall  be  a  Sheriff, 
a  County  Clerk,  a  County  Treasurer,  a  Register  of 
Deeds,  and  a  Prosecuting  Attorney,  chosen  by  the 
electors  thereof,  once  in  two  years,  and  as  often  as 
vacancies  shall  happen,  whose  duties  and  powers  shall 
be  prescribed  by  law.  The  Board  of  Supervisors  in 
any  county  may  unite  the  offices  of  County  Clerk 
and  Register  of  Deeds  in  one  office,  or  disconnect  the 
same.     Mich.,  309. 

— The  Sheriff",  County  Clerk,  County  Treasurer, 
Judge  of  Probate,  and  Register  of  Deeds,  shall  hold 
their  offices  at  the  county  seat.  Mich.,  309. 
— The  Sheriff"  shall  hold  no  other  offitje  and  shall  be 
incapable  of  holding  the  office  of  Sheriflf  longer  than 
four  in  any  period  of  six  years.  He  may  be  required 
by  law  to  renew  his  security  from  time  to  time,  and 
in  default  of  giving  such  security,  his  office  shall  be 
deemed  vacant.  The  county  shall  never  be  responsi- 
ble for  his  acts.     Mich.,  309. 

-  Provision  shall  be  made  by  law  for  the  election  of 
such  county  or  township  officers  as  may  be  necessary. 
Min.,  328. 

— A  Sheriff,  and  one  or  more  Coroners,  a  Treasurer, 
Surveyor,  and  Ranger  shall  be  elected  in  each  county 
by  the  qualified  electors  thereof,  who  shall  hold  their 
offices  for  two  years,  unless  sooner  removed ;  except 
tliat  the  Coroner  shall  hold  his  office  until  his  suc- 
cessor be  duly  qualified.  Miss.,  342. 
— There  shall  be  elected  by  the  qualified  voters  in 
each  county,  at  the  time  and  places  of  electing  Repre- 
sentatives, a  Sheriff"  and  a  Coroner.  They  shall  serve 
for  two  years,  and  until  a  successor  be  duly  elected 
and  qualified,  unless  sooner  removed  for  malfeasance 
in  office,  and  shall  be  ineligible  four  years  in  any 
period  of  eight  years.  Before  entering  on  the  duties 
of  their  office  they  shall  give  security  in  such  amount, 
and  in  such  manner,  as  shall  be  prescribed  by  law. 
Whenever  a  county  shall  be  hereafter  established, 
the  Governor  shall  appoint  a  Sheriff  and  a  Coroner 
therein,  who  shall  continue  in  office  until  the  next 
succeeding  general  election,  and  until  a  successor  shall 
be  duly  elected  and  qualified.  Mo.,  356. 
— Whenever  a  vacancy  shall  happen  in  the  office  of 
Sheriff  or  Coroner,  the  same  sliall  be  filled  by  the 
.  County  Court.  If  such  vacancy  happep  in  the  office 
of  Sheriff  more  than  nine  months  prior  to  the  time  of 


holding  a  general  election,  such  County  Court  shall 
immediately  order  a  special  election  to  fill  the  same ; 
and  the  person  by  it  appointed  shall  hold  office  until 
the  person  chosen  at  such  election  shall  be  duly  quali- 
fied ;  otherwise  the  person  appointed  by  such  County 
Court  shall  hold  office  until  the  person  chosen  at  such 
general  election  shall  be  duly  qualified.  If  any 
vacancy  happen  in  the  office  of  Coroner,  the  same 
shall  be  filled,  for  the  reniiiinder  of  the  term,  by  such 
County  Court.  No  person  elected  or  appointed  to 
fill  a  vacancy  in  either  of  said  offices  shall  thereby  be 
rendered  ineligible  for  the  next  succeeding  term.  Mo., 
3o7. 

— In  all  elections  for  Sheriff  and  Coroner,  when  two 
or  more  persons  have  an  equal  number  of  votes,  and 
a  higher  than  any  other  person,  the  Presiding  Judge 
of  the  County  Court  of  the  county  shall  give  the  cast- 
ing vote;  and  all  contested  elections  for  the  said 
offices  shall  be  decided  by  the  Circuit  Court  of  the 
proper  county,  in  such  manner  as  the  General 
Assembly  may,  by  law,  prescribe.  Mo.,  357. 
— In  the  absence  of  any  contrary  provision,  all  officers 
now  or  hereafter  elected  or  appointed,  shall  hold  office 
during  their  official  term,  and  until  their  successors  shall 
be  duly  elected  or  appointed,  and  qualified.  Mo.,  362. 
— The  Legislature  shall  establish  a  S3'stem  of  county 
and  township  government,  which  shall  be  uniform 
throughout  the  State.  Nev.,  383. 
— The  Legislature  shall  provide  for  the  election  by 
the  people  of  a  Clerk  of  the  Supreme  Court,  County 
Clerk,  County  Recorder,  who  shall  be  ex  officio  County 
Auditor,  District  Attorneys,  Sheriffs,  County  Sur- 
veyors, Public  Administrators,  and  other  necessary 
officers,  and  fix  by  law  their  duties  and  compensa- 
tion. County  Clerks  shall  be  (x  officio  Clerks  of  the 
Courts  of  Record  and  of  the  Board  of  County  Com- 
missioners in  and  for  their  respective  counties.  Nev., 
383. 

— The  County  Treasurers  and  Registers  of  Deeds 
shall  be  elected  by  the  inhabitants  of  the  several 
towns,  in  the  several  counties  in  the  State,  according 
to  the  method  now  practiced,  and  the  laws  of  the 
State.     N.  K,  408. 

— Provided,  nevertheless,  The  Legislature  shall  have 
authority  to  alter  the  manner  of  certifying  the  votes 
and  the  mode  of  electing  those  officers,  but  not  so  as 
to  deprive  the  people  of  the  right  they  now  have  of 
electing  them.     N.  II.,  408. 

— Clerks  and  Surrogates  of  Counties  shall  be  elected 
by  the  people  of  their  respective  counties,  at  the 
annual  elections  for  members  of  the  General  Assemby. 
They  shall  hold  their  offices  for  live  years.  N.  J., 
419. 

•  — Sherift"s  and  Coroners  shall  be  elected  annually,  by 
the  people  of  their  respective  counties,  at  the  annual 
elections  for  members  of  the  General  Assembly. 

They  may  be  re-elected  until  they  have  served 
three  years,  but  no  longer;  after  which,  three  years 
must  elapse  before  they  can  be  again  capable  of  serv- 
ing.    N.  J.,  419. 

— That  there  shall  be  a  Sheriff,  Coroner  or  Coroners, 
and  Constables,  in  each  county  within  this  State. 
K  a,  426. 

— There  shall  be  elected  in  each  county,  by  the  quali- 
fied electors  thereof,  at  the  time  of  holding  general 
elections,  a  County  Clerk,  Treasurer,  Sheriff",  Coroner 
and  Surveyor,  who  shall  severally  hold  their  offices 
for  the  term  of  two  ytars.  Or.,  453. 
— A  Sheriff"  shall  be  elected  in  each  county  for  the 
term  of  two  years,  who  shall  be  the  ministerial  officer 
of  the  Circuit  and  County  Courts,  and  shall  perform 
such  other  duties  as  may  be  prescribed  by  law. 
Or.,  455. 

— Such  other  county,  township,  precinct  and  city 
officers  as  may  be  necessary,  sliall  be  elected,  or 
appointed  in  such  manner  as  may  be  prescribed  by 
law.     Or.,  454. 

— ^County  officers  shall  be  elected  on  the  second  Tues- 
day of  October,  until  otherwise  directed  by  law,  by 
the  qualified  electors  of  each  county,  in  such  manner 
and  for  such  term,  not  exceeding  three  years,  as  may 
be  provided  by  law.      Ohio,  440. 


191 


-  Township  officers  shall  be  elected  on  the  first  Mon- 
day of  April,  annually,  by  the  qualified  electors  of 
their  respective  townships,  and  shall  hold  their  offices 
for  one  year,  from  the  Monday  next  succeeding  their 
election,  and  until  their  successors  are  qualified. 
Ohio,  440. 

— No  person  shall  be  eligible  to  the  office  of  Sheriff 
OF  County  Treasurer  for  more  than  four  years,  in  any 
period  of  six  years.     Ohio,  44:0, 

— The  General  Assembly  shall  provide,  by  law,  for 
the  election  of  such  county  and  township  officers  as 
may  be  necessary.     Ohio,  440. 

— Sheriffs  and  Coroners  shall,  at  the  times  and  places 
of  election  of  Representatives,  be  chosen  by  the  citi- 
zens of  each  county.  One  person  shall  be  chosen  for 
each  office,  who  shall  be  commissioned  by  the  Gover- 
nor. They  shall  hold  their  offices  for  three  years,  if 
they  shall  so  long  behave  tliemselves  well,  and  until 
a  successor  be  duly  qualified;  but  no  per.son  shall  be 
twice  chosen  or  appointed  Sheriff  in  any  term  of 
six  years.  Vacancies  in  either  of  the  said  offices  shall 
be  filled  by  an  appointment,  to  be  made  by  the  Gov- 
ernor, to  continue  until  the  next  general  election,  and 
until  a  successor  shall  be  chosen  and  qualified  as 
aforesaid.     Pa.,  46.5. 

— All  other  officers  shall  be  appointed  as  they  hitherto 
have  been,  until  otherwise  directed  by  law ;  but  the 
same  person  shall  not  hold  the  office  of  Sheriff  for  two 
consecutive  terms.  *S'.  C,  487. 
— There  shall  be  elected  in  each  county,  by  the  quali- 
fied voters  therein,  one  Sheriff,  one  Trustee,  and  one 
Register ;  the  Sheriff  and  Trustee  for  two  years,  and 
the  Register  for  four  years :  Provided,  That  no  person 
shall  be  eligible  to  the  office  of  Sheriff  more  than  six 
years  in  any  term  of  eight  years.  There  shall  be 
elected  for  each  county,  by  the  Justices  of  the  Peace, 
one  Coroner  and  one  Ranger,  who  shall  hold  their 
offices  for  two  years.  Said  officers  shall  be  removed 
for  malfeasance,  or  neglect  of  duty,  in  such  manner  as 
may  be  prescribed  by  law.  Tenn.,  497. 
— Should  a  vacancy  occur,  subsequent  to  an  election, 
in  the  office  of  Sheritr,  Trustee,  or  Register,  it  shall 
be  filled  by  the  Justices ;  if  in  that  of  the  clerks  to  be 
elected  by  the  people,  it  sliall  be  filled  by  the  courts; 
and  the  person  .so  appointed  shall  continue  in  office 
until  his  successor  sliall  be  elected  and  qualified ;  and 
such  office  shall  be  filled  by  the  qualified  voters  at  the 
first  election  for  any  of  the  county  officers.  Tenn., 
497. 

— The  Legislature  shall  provide,  that  the  election  of 
the  county  and  other  officers  by  the  people,  shall  not 
take  place  at  the  same  time  that  the  general  elections 
are  held  for  members  of  Congress,  members  of  the 
Legislature,  and  Governor.  The  elections  shall  com- 
mence and  terminute  on  the  same  day.  Tenn.,  497. 
— There  shall  be  elected  for  each  county,  by  the 
qualified  voters,  a  County  Clerk,  who  shall  hold  his 
office  for  four  years  years,  who  shall  be  the  Clerk  of 
the  County  and  Police  Courts,  whose  duties  and  per- 
quisites, and  fees  of  office  shall  be  prescribed  by  the 
Legislature,  and  a  vacancy  in  whose  office  shall  be 
filled  by  the  Judge  of  the  County  Court,  until  the 
next  general  election  for  county  or  State  offices,  who 
may  be  removed  from  office  for  such  cause  and  in 
such  manner  as  may  be  prescribed  by  law.  Tex.,  512. 
— Sheriffs  and  Higli  Bailiffs  shall  be  elected  by  the 
freemen  of  their  respective  counties.  VU,  529. 
— The  voters  of  each  county  shall  elect  a  Clerk  of 
the  County  Court,  a  Surveyor,  an  Attorney  for  tlie 
Commonwealth,  a  Sheriff,  and  so  many  Commission- 
ers of  the  Revenue  as  may  be  authorized  by  law, 
who  shall  hold  their  respective  offices  as  follows :  The 
Clerk,  the  Commissioner  of  the  Revenue,  and  the 
Surveyor  for  the  term  of  six  years ;  the  Attorney  for 
the  term  of  four  years,  and  the  Sheriff  for  the  term 
of  two  years.  Constables  and  Overseers  of  the  Poor 
shall  be  elected  by  the  voters  as  may  be  prescribed 
by  law.     Va.,  543. 

— The  officers  mentioned  in  the  preceding  section, 
except  the  Attorneys,  shall  reside  in  the  counties  or 
districts  for  which  they  were  respectively  elected. 
No  person  elected  for  two  successive  terms  to  the 


office  of  Sheriff  shall  be  'e-eligible  to  the  same  office 
for  the  next  succeeding  term ;  nor  shall  he.  during 
his  term  of  service,  or  within  one  year  thereafter,  be 
eligible  to  any  political  office.  Va.,  544. 
— All  officers  appertaining  to  the  cities  and  other 
municipal  corporations,  shall  be  elected  by  the  quali- 
fied voters,  or  appointed  by  the  constituted  authorities 
of  such  cities,  or  corporations,  as  may  be  prescribed 
by  law.      Va.,  544. 

— The  voters  of  every  county  shall  elect  a  Sheriff, 
Prosecuting  Attorney,  Surveyor  of  Lands,  Recorder, 
one  or  more  Assessors,  and  such  other  county  officers 
as  the  Legislature  may  from  time  to  time  direct  or 
authorize;  the  duties  of  all  of  whom  shall  be  pre- 
scribed and  defined,  as  far  as  practicable,  by  general 
laws.  All  the  said  county  officers  shall  hold  their 
offices  for  two  years,  except  the  Sheriff,  whose  term 
of  office  sliall  be  four  years.  The  same  person  shall 
not  be  elected  SherilT  for  two  consecutive  full  terms, 
nor  shall  any  person  who  has  acted  as  deputy  of  any 
Sheriff  be  elected  his  successor,  nor  shall  any  Sheriff 
act  as  the  deputy  of  his  successor ;  but  tlie  retiring 
Sheriff  shall  finish  all  business  remaining  in  his  hands 
at  the  expiration  of  his  term,  for  which  purpose  his 
commission  and  official  bond  shall  continue  in  force. 
The  duties  of  all  the  said  oflScers  shall  be  discharged 
by  the  incumbents  thereof  in  person,  or  under  their 
superintendence.  The  Board  of  Supervisors  shall 
designate  one  or  more  Constables  of  their  respective 
counties  to  serve  process  and  levy  executions,  when 
the  Sherifl"  thereof  is  a  party  defendant  in  a  suit  insti- 
tuted therein,  or  is  under  any  other  disability.  W. 
Va..  554. 

— Sheriffs,  Coroners,  Registers  of  Deeds,  and  District 
Attorneys  shall  be  chosen  by  the  electors  of  the 
respective  counties,  once  in  every  two  years,  and  as 
often  as  vacancies  shall  happen.  Sheriffs  shall  hold 
no  other  office,  and  be  ineligible  for  two  years  next 
succeeding  the  termination  of  their  offices.  They 
may  be  required  by  law  to  renew  their  security  from 
time  to  time ;  and  in  default  of  giving  such  new 
security,  their  offices  shall  be  deemed  vacant.  But 
the  county  shall  never  be  made  responsible  for  the 
acts  of  the  Sheriff.  The  Governor  may  remove  any 
officer  in  this  section  mentioned,  giving  to  such  officer 
a  copy  of  the  charges  against  him,  and  an  opportunity 
of  being  heard  in  his  defense.  Wis.,  5G5. 
— All  county  officers  whose  election  or  appointment 
is  not  provided  for  by  this  Constitution,  shall  be  elec- 
ted by  the  electors  of  the  re.spective  counties,  or 
appointed  by  the  Boards  of  Supervisors  or  other 
county  authorities,  as  the  Legislature  shall  direct. 
All  city,  town  and  village  officers  whose  election  or 
appointment  is  not  provided  for  by  this  Constitution 
shall  be  elected  by  the  electors  of  such  cities,  towns 
and  villages,  or  of  some  division  thereof,  or  appointed 
by  such  authorities  thereof  as  the  Legislature  shall 
designate  for  that  purpose.  All  other  officers  whose 
election  or  appointment  is  not  provided  for  by  this 
Constitution,  and  all  officers  whose  offices  may  here- 
after be  created  by  law  shall  be  elected  by  the  peo- 
ple, or  appointed  as  the  Legislature  may  direct.  Wi»., 
571. 

— Each  town  shall  annually  elect  Selectmen,  and  such 
officers  of  local  police  as  the  laws  may  prescribe, 
a,  113. 

— Each  county,  town,  city  and  incorporated  village, 
shall  make  provision  for  the  support  of  its  own  offi- 
cers, subject  to  such  regulations  as  may  be  prescribed 
by  law.     Nev.,  395. 

— All  deeds  and  conveyances  of  land  shall  be  recorded 
in  the  Town  Clerk's  office,  in  their  respective  towns, 
and  for  want  thereof,  in  the  County  Clerk's  office  of 
the  same  county.      Vt.,  526. 

■ — The  Legislature  shall,  at  their  first  session,  by  gen- 
eral laws,  provide  for  carrying  into  effect  the  foregoing 
provisions  of  this  article.  They  shall  also  provide 
for  commissioning  such  of  the  officers  therein  men- 
tioned as  they  may  deem  proper,  and  may  require 
any  class  of  them  to  give  bond  with  security  for  the 
faithful  discharge  of  the  duties  of  their  respective 
offices,  and  for  accounting  for  and  paying  over,  as 


192 


required  by  law,  all  money  which  may  come  to  their 
hands  by  virtue  thereof.  They  shall  further  provide 
for  the  compensation  of  the  said  officers  by  fees,  or  from 
the  county  treasury  ;  and  for  the  appointment,  wnen 
necessary,  of  deputies  and  assistants,  whose  duties 
and  responsibilities  shall  be  prescribed  and  defined  by 
general  laws.  When  the  compensation  of  an  officer 
is  paid  from  the  county  treasury,  the  amounts  shall 
be  fi.xed  by  the  Board  of  Supervisors,  within  limits 
to  be  ascertained  by  law,     W.  Va.,  555. 


SUPERVISORS  —  COUNTY  COMMISSIONERS. 

— The  General  Assembly  shall  have  power  to  estab- 
lish in  each  county  a  Board  of  Commissioners,  for  the 
regulation  of  the  coimty  business  therein.  Fl.,  135. 
— The  Legislature  shall  have  power  to  provide  tor  the 
election  of  a  Board  of  Supervisors  in  each  county ; 
and  these  Supervisors  shall  jointly  and  individally 
perform  such  duties  as  may  be  prescribed  by  law. 
Cal,  104. 

— The  County  Boards  shall  have  power  to  provide 
farms  as  an  asylum  for  those  persons  who,  by  reason 
of  age,  infirmity,  or  other  misfortune,  may  have  claims 
upon  the  sympathies  and  aid  of  society.  Ind.  178. 
— The  General  Assembly  may  confer  upon  the  Boards 
doing  county  business  in  the  several  counties,  powers 
of  a  local  administrative  character.  Iiid.,  17(i. 
-  The  Legislature  may  confer  upon  tribunals  trans- 
acting the  county  business  of  the  several  counties 
such  powers  of  local  legislature  and  administration  as 
it  shall  deem  expedient.  Knii.,  200. 
— The  General  Assembly  shall  provide  by  law  for 
the  appointm''nt  of  Road  Supervisors  in  the  several 
counties  by  the  County  Commissioners,  and  the  num- 
ber of  said  Supervisors,  as  well  as  their  powers  and 
duties  in  the  several  counties,  shall  be  determined  by 
the  said  County  Commissioners.  J/rf.,  274. 
— The  County  Commissioner  shall  he  elected,  on  a 
general  ticket,  by  the  qualified  voters  of  the  several 
counties  in  this  State;  an  election  for  County  Com- 
missioners shall  be  held  on  the  Tuesday  ne.xt  after 
the  first  Monday  in  the  month  of  November,  eighteen 
hundred  and  sixty-five,  and  as  nearly  one-half  as  may 
be  of  said  Commissioners  shall  hold  their  office  for 
two  years,  and  the  other  half  lor  four  years.  At  the 
first  meeting  after  their  election  and  qualification,  or 
as  soon  thereafter  as  practicable,  the  said  commis- 
sioners shall  determine  by  lot  which  of  their  number 
shall  hold  office  for  two  and  four  years  respectively ; 
and  thereafter  there  shall  be  elected  as  aforesaid,  at 
each  general  election  for  county  officers.  County  Com- 
missioners for  four  j'ears,  to  fill  the  places  of  those 
whose  term  has  expired.  The  sai<i  commissioners 
shall  exercise  such  powers  and  perfurm  such  duties 
(which  shall  be  similar  throughout  the  State)  as  are 
now  or  may  hereafter  be  prescribed  by  law.  Their 
number  in  each  county,  and  their  compensation,  their 
powers  and  duties,  may  at  any  time  hereafter  be 
changed  and  regulated  by  the  General  Assembly. 
Md.,  274. 

— A  Board  of  Supervisors,  consisting  of  one  from 
each  organized  township,  .shall  bo  established  in  each 
county,  with  such  powers  as  shall  be  prescribed  by 
law.     Mich.,  309. 

— Cities  shall  have  such  representation  in  the  Board 
of  Supervisors  of  the  counties  in  which  they  are 
situated,  as  the  Legislature  may  direct.  Mich.,  300. 
— The  Board  of  Supervisors,  or,  in  the  county  of 
Wayne,  the  Board  of  County  Auditors,  shall  have  the 
exclusive  power  to  prescribe  and  fi.x  the  compensa- 
tion for  all  services  rendered  for,  and  to  adjust  all 
claims  against  their  respective  counties,  and  the  sum 
so  fixed  or  defined  shall  be  subject  to  no  appeal. 
Mich.,  309. 

— The  Board  of  Supervisors  of  each  organized  county 
may  provide  for  laying  out  highways,  constructing 
bridges,  and  organizing  townships,  under  such  restric- 
tions and  limitations  as  shall  be  prescribed  by  law. 
Mirh.,  309. 
— The  Legislature  may  confer  upon  organized  town- 


ships, incorporated  cities  and  villages,  and  upon  the 
Board  of  Supervisors  of  the  several  counties,  such 
powers  of  a  local,  legislative  and  administrative  char- 
acter as  they  may  deem  proper.  Mich.,  304. 
— The  qualified  electors  of  each  county  shall  elect  five 
persons  by  districts,  for  the  term  of  two  years,  who 
shall  constitute  a  Board  of  Police  lor  each  county,  a 
majority  of  whom  may  transact  business;  which 
body  shall  have  full  jurisdiction  over  road.s,  highways, 
ferries,  and  bridges,  and  all  other  matters  of  county 
police,  and  shall  order  all  count}'  elections  to  fill 
vacancies  that  may  occur  in  the  offices  of  their  respect- 
ive counties;  the  Clerk  of  the  Court  of  Probate  shall 
be  the  Clerk  of  the  Board  of  County  Police.  Mise., 
340. 

— No  person  shall  be  eligible  as  a  member  of  said 
Board,  who  shall  not  have  resided  one  year  in  the 
county;  but  this  qualification  sliall  not  extend  to 
such  new  counties  as  may  hereafter  be  established 
until  one  year  alter  their  organization  ;  and  all  vacan- 
cies that  may  occur  in  said  Board  shall  be  supplied 
by  election  as  aforesaid  to  fill  the  unexpired  term. 
Miss.,  340. 

— The  Legislature  shall  provide  by  law  for  the  elec- 
tion of  a  Board  of  County  Commissioners  in  each 
county,  and  such  County  Commissioners  shall  jointly 
and  individually  perform  such  duties  as  may  be  pro- 
scribed by  law.     Nei'.,  383. 

— There  shaU  be  electeil  in  each  county  in  the  State, 
by  the  persons  qualilied  to  vote  for  members  of  the 
Legislature,  four  County  Commissioners,  whose  term 
of  office  shall  be  four  years,  who,  with  the  Judge  of 
the  County  Court,  shall  constitute,  and  be  styled,  the 
Police  Court  for  the  county,  whose  powers,  duties 
and  mode  of  action,  in  regulating,  promoting  and 
protecting  the  public  interest  relating  to  the  county, 
shall  be  the  same  as  that  now  prescribed  by  law  for 
the  Commissioners'  Court  of  Roads  and  Revenue, 
until  otherwise  provided  for  and  regulatued  by  the 
Legislature.     Tex.,  512. 

— The  voters  of  each  township,  assembled  in  stated 
or  special  township  meeting,  shall  transact  all  such 
business  relating  exclusively  to  their  township  as  is 
herein,  or  may  he  by  law,  required  or  authorized. 
They  shall  annually,  elect  a  Supervisor,  Clerk  of  the 
Township,  Surveyor  of  Roads  for  each  precinct  in 
their  township.  Overseer  of  the  Poor,  and  such  other 
officers  as  may  be  directed  by  law.  They  shall  also, 
every  four  years,  elect  one  Justice,  and  if  the  white 
popidation  of  their  township  exceeds  twelve  hundred 
in  number,  may  elect  an  additional  Justice ;  and 
every  two  years  shall  elect  as  many  Constables  as 
Justices.  The  Supervisor,  or,  in  his  absence,  a  voter 
chosen  by  those  present,  shall  preside  at  all  township 
meetings  and  elections,  and  the  clerk  shall  act  as  clerk 
thereof:      H-'.  Ta.,  554. 

• — The  Supervisors  chosen  in  the  townships  of  each 
county  shall  constitute  a  board,  to  be  known  as  "the 

Supervisors  of  the  county  of ,"  by  which  name 

th;y  may  sue  and  be  sued,  and  make  and  use  a  com- 
mon seal,  and  enact  ordinances  and  by-laws  not 
inconsistent  with  the  laws  of  the  State.  They  shall 
meet  statedl}'  at  least  four  times  in  each  3'ear  at  the 
court-house  of  their  county,  and  may  hold  special 
and  adjourned  meetings.  At  their  first  meeting  after 
the  annual  township  election,  and  whenever  a 
vacancy  may  occur,  they  shall  elect  one  of  their  num- 
ber president  of  the  board,  and  appoint  a  clerk,  who 
shall  keep  a  journal  of  their  proceedings,  and  transact 
such  other  business  pertaining  to  his  office  as  may  be 
by  them  or  by  law  required,  and  whose  compensa- 
tion they  .shall  fix  by  ordinance  and  pay  from  the 
county  treasury,      ir  Va.,  554. 

— The  Board  of  Supervisors  of  each  county,  a  major- 
ity of  whom  shall  be  a  quorum,  shall,  under  sach 
general  regulations  as  may  be  prescribed  by  law, 
have  the  superintendence  and  administration  of  the 
internal  affivirs  and  fiscal  concerns  of  their  county, 
including  the  establishment  and  regulation  of  roads, 
public  landings,  ferries  and  mills;  the  granting  of 
ordinary  and  other  licenses  ;  and  the  laying  collecting 
and  disbursement  of  the  county  levies;  but  all  writs 


193 


1  §3.  When  the  duration  of  any  office  is  not  provided  by  this  Constitution, 

2  it  may  be  declared  by  law,  and  if  not  so  declared,  such  office  shall  be  held 

3  during  the  jjleasure  of  the  authority  making  the  appointment. 

1  g  4.  The  time  of  electing  all  officers  named  in  this  article  shall  be  prescribed 

2  by  law. 

1  S  5.  The  Legislature  shall  provide  for  filling  vacancies  in  office,  and  in  case 

2  of  elective  officers,  no  person  appointed  to  fill  a  vacancy  shall  hold  his  office 

3  by  virtue  of  such  appointment  longer  than  the  commencement  of  the  political 

4  year  next  succeeding  the  first  annual  election  after  the  happening  of  the 


5  vacancy. 

of  ad  quod  damnum  shall  issue  from  the  Circuit  Courts. 
They  shall  from  time  to  time  appoint  the  places  for 
holding  elections  in  tlie  several  townships  of  their 
county  ;  and  shall  be  the  judges  of  the  election,  quali- 
fications and  returns  of  their  own  members,  and  of 
all  county  and  township  officers.  TK  Fa.,  554. 
— The  Legislature  may  confer  upon  the  Boards  of 
Supervisors  of  the  several  counties  of  the  State,  such 
powers  of  a  local,  legislative  and  administrative  char- 
acter as  they  shall  from  time  to  time  prescribe.  Wis., 
5G3. 


TENURE  OF  OFFICES. 

— All  officers  whose  election  or  appointment  is  not 
provided  for  by  this  Constitution,  and  all  officers 
whose  offices  may  hereafter  be  created  by  law,  shall 
be  elected  by  the  people,  or  appointed  as  the  Legis- 
lature may  direct.  C'al,  104;  (nearly  similar),  Ind., 
180;  Kan.,  206;  il/o,,  357. 

— All  officers  shall  continue  in  office  until  their  suc- 
cessors shall  be  chosen  and  qualified.  Ohio,  445 ; 
Or.,  458. 

— The  tenure  that  all  commission  officers  shall  by  law 
have  in  their  offices,  shall  be  e.xpressed  in  their 
respective  commissions.  Mass.,  230. 
— AH  other  officers,  whose  appointments  are  not 
otherwise  provided  for  by  law,  shall  be  nominated  by 
the  Governor,  and  appointed  by  him,  with  the  advice 
and  consent  of  the  Senate  ;  and  shall  hold  their  offices 
for  the  time  prescribed  by  law.  X.  J.,  419. 
— The  Legislature  shall  provide  in  what  cases  officers 
shall  contii:ue  to  perform  the  duties  of  their  offices 
vmtil  their  successors  shall  be  duly  qualified.  Tex., 
51G. 

— The  tenure  of  all  offices,  which  are  not  or  shall  not 
be  otherwise  provided  for,  shall  be  during  the  pleas- 
ure of  the  Governor  and  Council.  Me.,  247. 
— The  tenure  of  any  office  not  herein  provided  for, 
may  bo  declared  by  law,  or  when  not  so  declared, 
such  office  shall  be  held  during  the  pleasure  of  the 
authority  making  the  appointment;  but  the  Legisla- 
ture shall  not  create  any  office,  the  tenure  of  which 
shall  be  longer  than  lour  years,  except  as  herein 
otherwise  provided  in  this  Constitution.  Nev.,  392 ; 
(nearly  similar),  A'nii.,  2()G;  Ind.,  180. 
— In  all  cases  in  which  it  is  provided  that  an  office 
shall  not  be  filled  by  the  same  person  more  than  a 
certain  number  of  years  continuously,  an  appoint- 
ment pro  tempore  shall  not  be  reckoned  a  part  of  that 
term.     Ind.,  172;    Or.,  449. 

— All  public  officers  in  this  State,  legislative,  execu- 
tive and  judicial,  whose  terms  of  office  expire  at  the 
general  election,  to  be  held  in  tlie  year  one  thousand 
eight  hundred  and  fifty-seven,  or  at  any  subsequent 
general  election,  shall  continue  to  hold  their  offices 
49 


until  the  first  Monday  of  January  next  following  the 
expiration  of  said  terms,  and  until  their  successors  shall 
be  qualified :  Provided,  Such  of  said  officers  as  are 
required  to  give  bond  for  the  discharge  of  their  duties, 
shall  give  bond  and  security  for  said  extended  terms, 
as  may  be  provided  by  the  Legislature ;  and  the 
terms  of  office  of  all  officers  chosen  at  the  general 
election  in  the  year  eighteen  hundred  and  fifty-seven, 
or  at  any  subsequent  general  election,  shall  commence 
on  the  first  Monday  of  January  next  succeeding  the 
election,  and  shall  continue  for  the  time  now  fixed 
by  the  Constitution,  and  until  their  sucessors  shall  be 
qualified.     J/m.,  344. 

— The  terms  of  office  of  all  State  and  county  officers, 
of  the  Circuit  Judges,  members  of  the  Board  of  Edu- 
cation, the  members  of  the  Legislature,  shall  begin 
on  the  first  day  of  January  next  succeeding  their 
election.     Mich.,  318. 

— All  officers  holding  their  offices  during  good  beha- 
vior may  be  removed  by  joint  resolution,  of  the  two 
Houses  of  the  Legislature,  if  two-thirds  of  all  the 
members  elected  to  the  Aserably,  and  a  majority  of 
all  the  members  elected  to  the  Senate,  concur  therein. 
JV.  Y.  (1821),  36. 

— When  the  duration  of  any  office  is  not  provided 
for  by  this  Constitution,  it  may  be  declared  by  law, 
and  if  not  so  declared,  such  office  shall  behelll  during 
the  pleasure  of  the  authority  making  the  appomt- 
ment;  nor  shall  the  duration  of  any  office  not  fixed 
by  this  Constitution  ever  exceed  four  years.  C'al., 
104;    Or.,  458. 

— All  officers  for  a  term  of  years  shall  hold  their  offi- 
ces for  the  terms  respectively  specified,  only  on  the 
condition  that  they  so  long  behave  themselves  well ; 
and  shall  be  removed  on  conviction  of  misbehavior 
in  office  or  of  any  infamous  crime.  La.,  466. 
— That  no  inconvenience  may  arise  from  a  change  of 
the  Constitution,  it  is  declared,  that  all  officers,  civil 
and  military,  shall  continue  to  hold  their  offices ;  and 
all  the  functions  appertaining  to  the  same  shall  be 
exercised  and  performed  according  to  the  existing 
laws  and  Constitution,  until  the  end  of  the  first  ses- 
sion of  the  General  A.ssembly,  which  shall  sit  under 
this  Constitution,  and  until  the  government  can  be 
reorganized  and  put  into  operation  under  this  Con- 
stitution, in  such  manner  as  the  first  General  Assem- 
bly aforesaid  shall  prescribe,  and  no  longer.  Tenn., 
500. 

— The  Senators  first  elected  in  the  even  numbered 
senate  districts,  the  Governor,  Lieutenant-Governor, 
and  other  State  officers  first  elected  under  this  Con- 
stitution, shall  enter  upon  the  duties  of  their  respect- 
ive offices  on  the  first  Monday  of  June  next,  and  shall 
continue  in  office  for  one  year  from  the  first  Monday 
of  January  next.  The  Senators  first  elected  in  the 
odd  numbered  senate  districts,  and  the  members  of 
the  Assembly  first  elected,   shall  enter  upon  their 


1!)-1 


duties  respectively  on  the  first  ^[onday  in  June  next, 
and  sliall  continue  in  otTice  until  the  first  Monday  in 
January  next.      Wis.,  575. 

— All  officers,  civil  and  military,  now  liolding  office, 
whether  by  election  or  appointment  under  the  State, 
shall  continue  to  hold  and  exercise  their  offices, 
according  to  their  present  tenure,  unless  otherwise 
provided  in  this  Constitution  until  they  shall  be 
superseded  [lurseant  to  its  provisions,  and  until  their 
successors  be  duly  qualified;  and  the  compensation  of 
such  officers  which  has  been  increased  by  this  Con- 
stitution shall  take  effect  from  the  first  day  of  Janu- 
ary, eighteen  hundred  and  sixty-five.  .IW.,  277. 
— All  county  and  township  officers  and  justices  of 
the  peace  in  office  on  the  first  day  of  September,  one 
thousand  eight  hundred  and  fitly-one,  shall  continue 
in  office  until  their  terms  expire,  respectively.  Ohio, 
445. 

— The  election  of  all  officer,*,  and  the  filling  of  all 
vacancies  that  may  hap]Kni  by  death,  resignation,  or 
removal,  not  otherwise  directed  or  jirovided  for  by 
tliis  Constitution,  shall  bo  made  in  such  manner  as 
the  General  Assembly  shall  direct ;  Provided,  that  no 
such  otTiccr  shall  be  elected  by  tlie  General  Assembly. 
/;/.,  101. 

— Town.sliip  officers,  except  Justices  of  the  Peace, 
shall  hold  their  offices  one  year  from  tlie  Monday 
ue.Kt  succeeding  their  election,  and  until  their  succes- 
sors are  qiialifieil.     Kan.,  203. 

••  The  term  of  the  office  of  all  officers  elected  or 
appointed  pursuant  to  the  provisions  of  this  Consti- 
tution, except  when  herein  otherwise  directed,  shall 
commence  on  the  diiy  of  the  date  of  their  respective 
commissions  ;  but  no  commission  for  any  office  shall 
bear  date  prior  to  the  expiration  of  the  term  of  the 
incumbent  of  said  office.  X.  J.,  419. 
— The  duration  of  all  offices,  not  fixed  by  this  Con- 
stitution, shall  never  exceed  four  years,  except  the 
office  of  Superintendent  of  the  lunatic  asylum,  or 
other  asylums  that  may  be  established  by  law,  who 
shall  continue  in  office  during  good  behavior ;  P>-o- 
rided,  That  in  all  ca.ses  where  the  Governor  has  the 
authority  under  this  Constitution,  or  laws  made  in 
pursuance  thereof,  to  appoint  to  office,  he  shall  also 
have  power  to  remove  from  the  same  for  malfeasance  in 
office,  neglect  of  iluty.  or  other  good  cause  ;  Provided, 
That  a  st-atement  of  the  cause  sliall,  at  the  time  of 
removal,  be  furnished  the  party  interested,  and  a 
copy  thereof  shall  also  be  recorded  in  the  office  of 
the  Secretary  of  State.  Tex.,  515. 
— And  be  i(  farther  ordained,  That  where,  by  this 
Convention,  the  i  juration  of  any  ottice  shall  not  be 
a.scertained,  such  office  shall  be  construed  to  be  held 
during  the  pleasure  of  the  Council  of  Appointment : 
Provided  that  new  commissions  shall  be  issued  to 
judges  of  the  county  courts,  other  than  to  the  first 
judge,  and  to  justices  of  the  peace,  once  at  the  Idast 
in  every  three  years.  X.  Y.  (1777),  30. 
— The  term  of  State  officers,  except  judicial,  elected 
at  the  first  election  under  this  Constitution,  shall  con- 
tinue until  the  Tuesday  after  the  first  Monday  of 
January,  A.  D.  eighteen  hundred  and  sixty-seven, 
and  until  the  election  and  qualification  of  their  suc- 
cessors.    Nev.,  394. 

— Where  the  duration  of  any  office  is  not  prescribed 
by  this  Constitution,  it  may  be  declared  by  law  ;  and 
if  not  so  declared,  such  office  shall  be  held  during  the 
pleasure  of  the  authority  making  the  appointment. 
A',  r.  (1821),  40;  Ltd.,  180. 

— The  term  of  each  of  the  executive  officers  named 
in  this  article,  shall  commence  on  taking  the  oath  of 
office,  on  or  after  the  first  day  of  May,  1858,  and  con- 
tinue until  the  first  Monday  of  January,  18G0,  except 
the  Auditor,  who  shall  continue  in  office  until  the 
fir-st  Monday  of  January,  1861,  and  until  their  suc- 
cessors shall  have  been  duly  elected  and  qualified; 
and  the  same  above-mentioned  time  for  qualification 
and  entry  upon  the  duties  of  their  respective  offices 
shall  extend  and  apply  to  all  other  officers  elected 
under  the  State  Constitution  who  have  not  already 
taken  the  oath  of  office  and  commenced  the  perform- 
ance of  their  official  duties.     Minn.,  324. 


— The  terms  of  such  officers  and  members,  not  elected 
or  appointed  to  fill  a  vacancy,  sliall,  unless  herein 
otherwise  provitled,  begin  on  the  first  day  of  January 
next  succeeding  their  election.  W.  Va„  .548. 
— Whenever  it  is  provided  in  tliis  Constitution,  or  in 
any  law  which  may  be  hereafter  passed,  that  any 
officer,  other  than  a  member  of  the  General  Assembly, 
shall  hold  his  office  for  any  given  term,  the  same 
shall  be  construed  to  mean  that  such  officer  shall  hold 
his  office  for  such  term,  an<l  until  his  successor  shall 
have  been  elected  and  qualified.  Ind.,  li<Q. 
— The  Governor,  Lieutenant-Governor,  Secretary  of 
State,  Treasurer  and  Attorney-General  shall  hold 
their  offices  for  two  years ;  and  the  Auditor  for  four 
year.1.  Their  terms  of  office  shall  commence  on  the 
second  Monday  of  January  next  after  their  election 
and  continue  until  their  successors  are  elected  and 
qualified.      Ohio,  4.35. 

— That  the  first  General  election  of  Governor,  Sec- 
retary of  State,  Auditor,  Treasurer,  and  members  of 
the  General  Assembly,  and  of  such  other  officers  as 
are  to  I)e  elected  at  the  same  time,  shall  be  held  on 
the  first  Monday  of  August,  eighteen  hundred  and 
forty-eight,  anything  in  this  Ci)iistitulion  to  the  con- 
trary notwith-^tanding.  County  officers  then  elected 
shall  hold  their  respective  offices,  until  their  succes- 
sors are  elected  or  appointed,  in  conformity  with  laws 
hereafter  enacted.     ///.,  108. 

— To  the  end  there  may  be.  no  failure  of  justice,  or 
danger  arise  to  the  Commonwealth,  from  a  change  of 
the  form  of  Government,  all  officers,  civil  and  military, 
holding  commissions  under  the  government  and  peo- 
ple of  Massachusetts  Bay,  in  New  England,  and  all 
other  officers  of  the  said  government  and  people,  at 
the  time  this  Constitution  shall  take  efl'ect,  shall  have, 
hold,  use,  exercise  and  enjoy  all  the  powers  and 
authority  to  them  granted  or  committed,  until  other 
persons  shall  be  appointed  in  their  stead ;  and  all 
courts  of  law  shall  proceed  in  the  execution  of  the 
business  of  their  respective  departments ;  and  all  the 
Executive  and  Legislative  officers,  bodies  and  powers, 
shall  continue  in  full  force,  in  the  enjoyment  and 
exercise  of  all  their  trusts,  employments  and  autho- 
rity, until  the  General  Court,  and  the  Supreme  and 
Executive  officers  under  this  Constitution,  are  desig- 
nated and  invested  with  their  respective  trusts, 
powers  and  authority.  Mass.,  293. 
— All  the  officers  named  in  the  preceding  articles  of 
amendment  (Articles  14  to  18),  shall  be  annually 
elected  by  ballot,  and  shall  hold  their  offices  for  one 
year,  said  year  commencing  on  the  first  day  of 
December  next  after  their  election.  Vi.,  530. 
— The  General  Assembly  may  provide  by  law  for  the 
continuance  in  office  of  any  officers  of  annual  election 
or  appointment  until  other  persons  are  qualified  to 
take  their  places,     li.  I.,  476. 

— The  Governor,  Lieutenant-Governor,  Senators, 
Representatives,  Secretary  of  State,  Attorney-Gen- 
eral and  General  Treasurer,  shall  be  elected  at  the 
tcjwn,  city  or  ward  meetings  to  be  holden  on  the  first 
Wednesday  of  April,  annually ;  and  shall  severally 
hold  their  offices  for  one  year,  from  the  first  Tues- 
day of  May  next  succeeding,  and  until  others  are 
legally  chosen  and  duly  qualified  to  fill  their  places. 
If  elected  or  qualified  after  the  first  Tuesday  of  May, 
they  shall  hold  their  offices  for  the  remainder  of  the 
political  year,  and  until  their  successors  are  qualified 
to  act,     R.  I,  478, 

— Tiie  General  Assembly  shall,  by  law,  prescribe  the 
time  when  the  several  officers  authorized  or  directed 
by  this  Constitution  to  be  elected  or  appointed,  shall 
enter  upon  the  duties  of  their  respective  offices,  except 
wliere  the  time  is  fixed  by  this  Constitution,  A";/,,  220, 
— No  person  shall  ever  be  appointed  or  elected  to 
any  office  in  this  State  for  life  or  during  good 
behavior ;  but  the  tenure  of  all  offices  shall  be  for 
some  limited  jieriod  of  time,  if  the  person  appointed 
or  elected  thereto  shall  so  long  behave  well.  Miss.,  336. 
— The  Legislature  may  provide  by  law  in  what  case 
officers  .shall  continue  to  perform  the  duties  of  their 
offices  until  their  successors  shall  have  been  inducted 
into  office.     La.,  235, 


195 


RESIDENCE  OP  CIVIL  OFFICERS— SEAT  OP 
GOVERNMENT. 


— Sheriff?,  Coroners,  and  County  Surveyors  must 
reside  in  their  counties  during  their  continuance  in 
office.     Ark,  92. 

— All  county,  township,  and  town  officers  shall  reside 
within  their  respective  counties,  townships  and  towns, 
and  shall  keep  their  respective  offices,  at  such  places 
therein,  and  perform  such  duties  as  may  be  directed 
by  law.     /«(/.,  17C. 

— All  civil  officers  for  the  Commonwealth,  at  large, 
shall  reside  within  the  State,  and  all  district,  county, 
or  town  officers,  within  their  respective  districts, 
counties,  or  towns,  trustees  of  towns  excepted,  and 
shall  keep  their  offices  at  such  places  therein  as  may 
be  required  by  law ;  and  all  militia  officers  shall 
reside  in  the  bounds  of  the  division,  brigade,  regi- 
ment, battalion,  or  company,  to  which  they  may 
severally  belong.     Ky.,  220. 

— All  count_y  officers  shall  hold  their  respective  offices 
at  the  county  seat  of  their  respective  counties.  Nev., 
392. 

— No  p<!rson  shall  l)e  elected  or  appointed  to  a 
county  office  who  shall  not  be  an  elector  of  the  county ; 
and  all  county,  townsliip,  precinct  and  city  officers 
shall  keep  their  respective  offices  at  such  places 
therein,  and  perform  such  duties  as  may  be  prescribed 
by  law.     Or.,  454. 

— Prothonotaries,  Clerks  of  the  Peace  and  Orphans' 
Courts,  Recorders  of  Deeds,  Registers  of  Wills,  and 
Sheriffs,  shall  keep  their  offices  in  the  county  town 
of  the  county  in  which  they,  respectively,  shall  be 
officers,  unless  when  the  Governor  shall,  for  special 
reason^,  dispense  therewith,  for  any  term  not  exceed- 
ing five  years  after  the  county  shall  have  been 
erected.     Pa.,  4G6. 

— All  civil  officers  shall  reside  within  the  State ;  and 
all  disirict  or  county  officers  within  their  districts  or 
counties ;  and  shall  keep  their  offices  at  such  places 
therein  as  may  be  required  by  law.  Tex.,  515. 
— The  Governor  shall  reside  at  the  seat  of  govern- 
ment. Va.,  539  ;  W.  Va.,  552 ;  Ark.,  90. 
-  He  [the  Governor]  shall  always  reside  during  the 
session  of  the  General  Assembly,  at  the  place  where 
their  session  may  be  held,  and  at  other  times  wher- 
ever, in  their  opinion,  the  public  good  may  require. 
Ala.,  78. 

— It  shall  be  the  duty  of  the  General  Assembly  to 
provide  for  the  purchase  or  erection  of  a  suitable 
building  for  the  residence  of  the  Governor,  and  the 
Governor  shall  reside  at  the  seat  of  government;  but 
whenever,  by  reason  of  danger  from  an  enemy,  or 
from  disease,  the  Governor  may  deem  the  Capital 
unsafe,  he  may,  by  proclamation,  fix  the  seat  of 
government  at  some  secure  place  within  the  State, 
until  such  danger  shall  cease.  Fl.,  131. 
— All  civil  officers  of  the  State  at  large  shall  reside 
■within  the  State,  and  all  district  or  county  officers 
within  their  respective  districts  or  counties,  and  shall 
keep  their  respective  offices  at  such  places  therein  as 
may  be  required  by  law.  Fl.,  136. 
— The  seat  of  government  shall  be  and  remain  per- 
manent at  the  City  of  Tallahassee,  until  otherwise 
provided  for  by  the  action  of  a  Convention  of  the 
people  of  the  State.     Fl.,  139. 

— The  seat  of  government  is  hereby  permanently 
established,  as  now  fixed  by  law,  at  the  city  of  Des 
Moines,  in  the  county  of  Polk,  and  the  State  Univer- 
sity at  Iowa  City,  in  the  county  of  Johnson.  Iowa, 
194. 

— The  temporary  seat  of  government  is  hereby 
located  at  the  City  of  Topeka,  county  of  Shawnee. 
The  first  Legislature  under  this  Constitution  shall 
provide  l)y  law  for  submitting  the  question  of  the 
permanent  location  of  the  Capital  to  a  popular  vote. 


and  a  majority  of  all  the  votes  cast  at  some  general 
election  shall  be  necessary  for  such  location.  Kan., 
206. 

— The  Governor,  Secretary  of  State,  Auditor  of 
State,  Treasurer  of  State,  Attorney-General,  and 
Superintendent  of  Public  Instruction,  shall  keep  their 
respective  offices  at  the  seat  of  government.  Kan., 
207. 

— The  first  and  all  future  sessions  of  the  Legislature 
shall  be  held  in  the  town  of  Jackson,  in  the  county 
of  Hinds,  until  the  year  1850.  During  the  first  ses- 
sion thereafter,  the  Legislature  shall  have  power  to 
designate  by  law  the  permanent  seat  of  government ; 
Provided,  however.  That  unless  such  designation  be 
then  made  by  law,  the  seat  of  government  shall  con- 
tinue permanently  at  the  town  of  Jackson.  The  first 
session  shall  commence  on  the  third  Monday  in 
November,  in  the  year  1833,  and  in  every  two 
years  therafter,  at  such  time  as  may  be  prescribed  by 
law.     Mm.,  338. 

— The  Governor,  Secretary  of  State,  Treasurer, 
Auditor  of  Public  Accounts,  and  Attorney-General, 
shall  reside  at  the  seat  of  government.  Miss.,  338. 
— The  seat  of  Government  of  this  State  shall  remain 
at  the  City  of  JelTerson.  Mo.,  362. 
— The  Governor,  Secretary  of  State,  State  Treas- 
urer, State  Controller,  and  Clerk  of  the  Supreme 
Court,  shall  keep  their  respective  offices  at  the  seat 
of  government.     Kev.,  392. 

— Columbus  shall  be  the  seat  of  government,  until 
otherwise  directed  by  law.  Oliio,  443. 
— The  Legislative  Assembly  shall  not  have  power  t* 
establish  a  permanent  seat  of  government  for  this 
State ,  but  at  the  first  regular  session  after  the  adop- 
tion of  this  Constitution  the  Legislative  Assembly 
shall  provide  by  law  for  the  submission  to  the  elec- 
tors of  this  State,  at  the  next  general  election  there- 
after, the  matter  of  the  selection  of  a  place  for  a  per- 
manent seat  of  government ;  and  no  place  shall  ever 
be  the  seat  of  government  under  such  law  which 
shall  not  receive  a  majority  of  all  the  votes  east  on 
the  matter  of  such  election.  Or.,  458. 
— The  seat  of  government,  when  established  as  pro- 
vided in  section  one,  shall  not  be  removed  for  the 
term  of  twenty  years  from  the  time  of  such  estab- 
lishment, nor  in  any  other  manner  than  as  provided 
in  the  first  section  of  this  article;  Provided.  That  all 
public  institutions  of  the  State  hereafter  provided  for 
by  the  Legislative  Assembly  shall  be  located  at  the 
seat  of  Government.     Or.,  4.58. 

— The  Governor  and  the  Secretary  and  Treasurer  of 
State  shall  severally  keep  the  public  records,  books 
and  papers  in  any  manner  relating  to  their  respective 
offices,  at  the  seat  of  government,  at  which  place  also 
the  Secretary  of  State  shall  reside.  Or.,  45i5. 
— The  Governor  shall  reside  during  the  sitting  of  the 
General  A.sserably,  at  the  place  where  its  session  may 
be  held ;  and  the  General  Assembly  may,  by  law, 
require  him  to  reside  at  the  capital  of  the  State 
S.  a,  486. 

— The  General  Assembly  which  shall  sit  after  the 
first  apportionment  of  representation  under  the  new 
Constitution,  to  wit :  in  the  year  one  thousand  eight 
hundred  and  forty-t!iree,  shall,  within  the  first  week 
after  the  commencement  of  the  session,  designate  and 
fix  the  seat  of  government;  and  when  so  fixed,  it 
shall  not  be  removed,  e.Kcept  by  the  consent  of  two- 
thirds  of  the  members  of  both  Houses  of  the  General 
Assembly.  The  first  and  second  sessions  of  the  Gen- 
eral Assembly  under  this  Constitution  shall  be  held 
in  Nashville.     Teiin.,  500. 

— The  Governor  shall  reside,  during  the  session  of  the 
Legislature,  at  the  place  where  the  session  may  be 
held,  and  at  all  other  times  wherever,  in  their  opin- 
ion, the  public  good  may  require.  Tex.,  514. 
— The  .seat  of  government  shall  be  at  the  city  of 
Wheeling  until  a  permanent  seat  of  government  be 
established  by  law.      W.  Va.,  551. 


196 


1  go.  The  political  year  and  legislative  term  shall  begin  on  the  first  day  of 

2  January  ;  and  the  Legislature  shall,  every  year,  assemble  on  the  first  Tuesday 

3  in  January,  unless  a  different  day  shall  be  appointed  by  law. 

1  g  7.  Provision  shall  be  made  by  law  for  the  removal,  for  misconduct  or 

2  malversation  in  oftice,  of  all  officers  (except  judicial)  whose  powers  and  duties 

3  are  not  local  or  legislative,  and  who  shall  be  elected  at  general  elections,  and 

4  also  for  supplying  vacancies  created  by  such  removal. 

1  §  8.  The  Legislature  may  declare  the  cases  in  which  any  ofiQce  shall  be 

2  deemed  vacant,  when  no  provision  is  made  for  that  purpose  in  this  Constitution. 


FISCAL  YEAR— POLITICAL  ^YEAR. 


— The  fiscal  year  shall  commence  on  the  first  day  of 
July.     Cal,  104. 

— The  political  year  shall  begin  on  the  first  Wednes- 
day of  January,  instead  of  the  last  Wednesday  of 
May ;  and  the  General  Court  shall  assemble  every 
year  on  the  said  first  Wednesday  of  January,  and 
Siall  proceed,  at  that  session,  to  make  all  the  elec- 
tions, and  do  all  the  other  acts,  which  are  by  the 
Constitution  required  to  be  made  and  done  at  the 
session  which  has  heretofore  commenced  on  the  last 
Wednesday  of  May.  And  the  General  Court  shall  be 
dissolved  on  the  day  next  preceding  the  first  Wed- 
nesday of  January,  without  any  proclamation  or 
other  act  of  the  Governor.  But  nothing  herein  con- 
tained shall  prevent  the  General  Court  from  assem- 
bling at  such  other  times  as  they  shall  judge  neces- 
sary, or  when  called  together  by  the  Governor.  The 
Governor,  Lieutenant-Governor  and  Councillors, 
shall  also  hold  their  respective  offices  for  one  year 
next  following  the  first  Wednesday  of  January,  and 
until  others  are  chosen  and  qualified  in  their  stead. 
Mass.,  295. 

— Fiscal  year  shall  commence  on  the  first  day  of  Jan- 
uary in  each  year.     Nev.,  389. 

— The  political  year  for  the  State  of  Wisconsin  shall 
commence  on  the  first  Monday  in  January  in  eacli 
year,  and  the  general  election  shall  be  holden  on  the 
Tuesday  succeeding  the  first  Monday  in  November 
in  each  year.     Wis.,  570. 


REMOVALS  FROM  OFFICE. 


— Officers  shall  be  removed  from  office  for  incapacity, 
misconduct  or  neglect  of  duty,  in  such  manner  as  may 
be  provided  by  law,  when  no  mode  of  trial  or  removal 
is  provided  in  this  Constitution.  FL,  133. 
— The  Legislature  shall  provide  by  law  for  the  trial, 
punishment  and  removal  from  office  of  all  other  offices 
of  the  State  by  indictment  or  otherwise.  La.,  232. 
— The  Legislature  shall  provide  by  law  for  the 
removal  of  any  officer  elected  by  a  county,  township 
or  school  district,  in  such  manner  and  for  such  cause 
as  to  them  shall  seem  just  and  proper.  Mich.,  310. 
— Provision  shall  be  made  by  law  for  the  removal 
from  office  of  any  civil  officer,  other  than  those  in  this 
article  previously  specified,  for  malfeasance  or  non- 
feasance in  thg  jierformance  of  his  duties.  Nev.,  388. 
— All  judicial  officers,  duly  appointed,  commissioned 
and  sworn  shall  hold  their  offices  during  good 
behavior,  excepting  si'ch  concerning  whom  there  is 
different  provision  made  in  this  Constitution :  Pro- 
vided, nevertheless,  The  Governor,  with  the  consent  of 


the  Council,  may  remove  them  upon  the  address  of 
both  Houses  of  the  Legislature.     Mass.,  290. 
— The  Legislature  shall  provide  for  the  trial,  punish- 
ment and  removal  from  office  of  all  other  officers  of 
the  Slate,  by  indictment  or  otherwise.     Tex.,  519. 


ELECTIONS  OR  APPOINTMENTS  TO  OFFICE 

—VACANCIES  IN  OFFICE. 

— All  officers,  other  than  those  who,  by  this  Consti- 
tution, are  directed  to  be  otherwise  appointed,  sliall 
be  appointed  in  the  manner  following,  to  wit :  The 
Assembly  shall,  once  in  every  year,  openly  nominate 
and  appoint  one  of  the  Senators  from  each  great  dis- 
trict, which  Senators  shall  form  a  Council  for  the 
Appointment  of  the  said  officers,  of  which  the  Gov- 
ernor for  the  time  being,  or  the  Lieutenant-Governor, 
or  the  President  of  tlic  Senate,  when  they  sliall 
respectively  administer  the  government,  shall  be 
President  and  have  a  casting  voice,  hut  no  other  vote  ; 
and  with  the  advice  and  consent  of  the  said  Council, 
shall  appoint  all  the  said  officers;  and  that  a  majority 
of  the  said  Council  be  a  quorum.  And  further.  The 
said  Senators  shall  not  be  eligible  to  the  said  Coun- 
cil for  two  years  successively.  N.  Y.  (1777),  30. 
— All  ofiicers,  whose  election  or  appointment  is  not 
otherwise  provided  for,  shall  be  chosen  or  appointed, 
as  may  be  prescribed  by  law.  Nev.,  392 ;  Pa..  4G0. 
— The  General  Assembly  shall,  by  law,  provide  for 
the  appointment  or  election,  and  removal  from  office, 
of  all  officers,  civil  and  military,  in  this  State,  not 
provided  for  in  this  Constitution.  Fl.,  13G. 
— All  vacancies  that  may  occur  in  said  court,  from 
death,  resignation  or  removal,  shall  be  filled  by  elec- 
tion as  aforesaid ;  Provided,  however,  That  if  the 
unexpired  term  do  not  exceed  one  year,  the  vacancy 
shall  be  filled  by  executive  appointment.  Miss.,  338. 
— Vacancies  that  may  occur  in  offices,  the  election  of 
which  is  vested  in  the  people,  within  less  tlian  one 
year  before  the  expiration  of  their  term,  shall  be 
filled  by  the  Governor  granting  commissions,  which 
shall  expire  at  the  end  of  the  next  term ;  but  if  one 
year  or  a  longer  period  remains  unexpired  at  the 
time  of  the  vacancy,  then,  and  in  that  ca.so,  the  Gov- 
ernor shall  order  an  election  to  be  held  to  fill  the 
vacancy.     ArTc.,  89. 

— Vacancies  in  office  occuring  after  the  first  day  of 
September,  one  thousand  eight  hundred  and  fifty-one, 
shall  be  filled  as  is  now  prescribed  by  law,  and  until 
ofiicers  are  elected  or  appointed,  and  quahfied  under 
this  Con.stitution.     Ohio,  445. 

— Vacancies  that  may  happen  in  offices,  the  election 
of  which  is  vested  in  tlie  General  As.sembly,  .shall  be 
filled  by  the  Governor  during  the  recess  of  the  Gen- 
eral Assemljly,  by  granting  conmiissions,  which  shall 
expire  at  the  end  of  the  next  session.  Ark.,  89.. 
— The  Legislature  may  declare  the  cases  in  which 
any  office  sliall  be  deemed  vacant,  and  also  the  man- 


197 


ner  of  filling  the  vacancy,  where  no  provision  is  made 
for  that  purpose  in  this  Constitution.  Mich.,  304. 
— Vacancies  that  happen  in  offices,  the  appointment 
to  whicli  is  vested  in  the  General  Assembly,  or  given 
to  the  Governor,  with  the  advice  and  consent  of  the 
Senate,  and  shall  be  filled  by  the  Governor  during 
the  recess  of  the  General  Assembly,  by  granting  com- 
mis-sions  which  shall  expire  at  the  end  of  the  next 
session.     Fl.,  131. 

— And  during  the  recess  of  the  General  Assembly, 
fill,  pro  tempore,  all  vacancies  in  those  olfices  for  which 
the  Constitution  and  laws  make  no  provision ;  but  his 
appointments  to  such  vacancies  shall  be  by  commis- 
sion to  expire  at  the  end  of  thirty  days  after  the 
commencement  of  the  next  session  of  the  General 
Assembly.     Va.,  539. 

— Vacancies  in  offices  under  this  article  shall  be  filled, 
until  tiie  next  regular  election,  in  such  manner  as  the 
General  Assembly  may  provide.  Ky.,  219. 
— All  vacancies  not  provided  for  in  this  Constitution, 
shall  be  filled  in  such  manner  as  the  Legislature  may 
prescribe.     Miss.,  341. 

— It  shall  have  the  power  to  provide  for  the  election 
or  appointment  of  all  officers,  and  the  filling  of  all 
vacancies  not  otherwise  provided  for  in  this  Consti- 
tution.    Kan.,  2(l0. 

— When  any  officer,  the  right  o  I  whose  appointment 
is  by  this  Constitution  vested  in  the  General  Assem- 
bly, shall,  during  the  recess,  die,  or  the  office,  by  the 
expiration  of  the  term,  or  by  other  means  become 
vacant,  the  Governor  shall  have  the  power  to  till 
such  vacancy,  by  granting  a  temporary  commission, 
which  shall  expire  at  the  end  of  the  next  session  of 
the  Legislature.     Tenn.,  495. 

— When,  during  a  recess  of  the  General  Assembly,  a 
vacancy  shall  happen  in  any  office,  the  appointment 
to  which  is  vested  in  the  General  Assembly ;  or  when 
at  any  time  a  vacancy  shall  have  occurred  in  any 
other  State  office,  or  in  the  office  of  judge  of  any 
court,  the  Governor  shall  fill  such  vacancy  by  appoint- 
ment, which  shall  expire  when  a  successor  shall  have 
been  elected  and  qualified.  Ind.,  175. 
— When  any  office  shall  from  any  cause  become 
vacant,  and  no  mode  is  provided  by  the  Constitulion 
and  laws  for  filling  such  vacancy,  the  Governor  shall 
have  power  to  fill  such  vacancy  by  granting  a  com- 
mission, which  shall  expire  at  the  end  of  the  next 
session  of  the  Legislature,  or  at  the  next  election  by 
the  people.  Cal.,  100 ;  (nearly  similar),  Iowa,  188 ; 
Ky.,  213;  Mo.,  355;  Nev.,  389;  Ohio,  459;  R.  /., 
477 ;  La.,  230. 

— If  a  vacancy  shall  occur  in  said  court  from  any 
cause,  the  Governor  shall  issue  a  writ  of  election  to 
the  proper  district  to  fill  such  vacancy  (or  the  residue 
of  the  term:  Provided,  That  if  the  unexpired  term 
be  less  than  one  year,  the  Governor  shall  appoint  a 
judge  to  fill  such  vacancy.  Ky.,  215. 
— Whenever  a  vacancy  shall  occur  in  any  of  tlie 
State  offices,  the  Governor  shall  fill  the  .same  by 
appointment,  by  and  with  the  advice  and  consent  of 
the  Senate,  if  in  session.  Mich.,  308. 
— When  vacancies  happen  in  either  House,  the  Gov- 
ernor for  the  time  being  shall  issue  writs  of  election 
to  fill  such  vacancies  Tenn.,  493. 
— Vacancies  that  may  happen  in  offices,  the  appoint- 
ment of  which  is  vested  in  the  General  A.ssenibly, 
shall,  during  the  recess  of  the  General  Assembly,  be 
filled  by  the  Governor,  by  granting  commissions, 
which  shall  expire  at  the  end  of  the  next  session. 
Ala.,  79. 

— But  no  person  who  has  been  nominated  for  office 
and  rejected  by  the  Senate,  shall  be  appointeil  to  the 
same  office  during  the  recess  of  the  Senate.  La.,  230. 
— It  shall  be  the  duty  of  the  Governor  to  fill  all 
vacancies  in  office  happening  between  the  adoption 
of  this  Constitution  and  the  first  session  of  the 
Senate,  and  not  otherwise  provided  for  ;  and  the 
commissions  shall  expire  at  the  end  of  the  first  ses- 
sion of  the  Senate,  or  when  succes:<ors  shall  be 
elected  or  appointed  and  qualified.  N.  J,  421. 
— The  Legislature  may  declare  the  cases  in  which 
any  office  shall  be  deemed  vacant,  and  also  the  man- 
50 


ner  of  filling  the  vacancy  where  no  provision  is 
made  for  that  purpose  in  this  Constitution.  Neh., 
373;  £a.,  235;  Wis.,  571. 

— Tliat,  in  every  case,  where  any  officer,  the  right  of 
whoso  appointment  is,  by  this  Constitution,  vested 
in  the  General  Assembly,  shall,  during  their  recess, 
die,  or  his  office  by  other  means  become  vacant,  the 
Governor  shall  have  power,  with  the  advice  of  the 
Council  of  State,  to  fill  up  such  vacancy,  by  granting 
a  temporary  commission,  which  shall  expire  at  the 
end  of  the  next  session  of  the  General  Assembly. 
N.  a.,  425. 

— The  General  Assembly  may  provide  by  law  for  the 
election  or  appointment  of  such  other  officers  as  may 
be  required,  and  are  not  herein  provided  for  and  pre- 
scribe their  teuure  of  office,  powers  and  duties. 
Md.,  274. 

— In  the  election  and  appointment  of  all  officers,  and 
the  filling  of  all  vacancies,  not  otherwise  provided  for 
by  this  Constitution,  or  the  Constitution  of  the  United 
States,  shall  be  made  in  such  manner  as  may  be 
directed  by  law;  but  no  appointing  power  shall  be 
exercised  by  the  General  Assembly,  except  as  pre- 
scribed in  thi'*  Constitution.  Olio,  435. 
— All  officers  heretofore  elective  by  the  people,  shall 
continue  to  be  elected;  and  all  other  officers,  whose 
appointment  is  not  provided  for,  by  this  Consiitution, 
and  all  officers,  whose  olfices  may  be  hereafter  created 
by  law,  shall  be  elected  by  the  people,  or  appointed, 
as  may  by  law  be  directed.  N.  Y.  (1821),  40. 
— The  appointment  of  all  olficers  not  otherwise 
directed  by  this  Constitution,  shall  be  made  in  such 
manner  as  may  be  prescribed  by  law ;  and  all  officers, 
both  civil  and  military,  acting  under  the  authority  of 
this  State,  shall,  before  entering  on  the  duties  of  their 
respective  offices,  take  an  oath  or  affirmation  to  sup- 
port the  Constitution  of  the  United  Slates  and  of  this 
State,  and  to  demean  themselves  faithfully  in  office. 
Ark.,  87. 

— Elections  to  fill  vacancies  shall  be  for  the  unexpired 
term.  Vacancies  shall  be  filled  in  such  manner  as 
may  be  prescribed  by  law.  W.  Va ,  548. 
— In  order  to  prevent  those  who  are  vested  with 
authority  from  becoming  oppressors,  the  people  have 
a  rijrht  at  such  periods  and  in  such  manner  as  they 
shall  establish  by  their  frame  of  government,  to  cause 
their  pubhc  officers  to  return  to  private  life;  and  to 
fill  up  vacant  places  by  certain  and  regular  elections 
and  appointments.     Mass.,  281. 

[The  Governor  shall  nominate,  and  with  the  advice 
of  the  Council,  appoint  all  other  civil  and  military 
officers  whose  appointment  is  not  by  this  Constitu- 
tion, nor  by  law,  otherwii^e  provided  for,  and  every 
such  nomination  shall  be  made  at  least  seven  days 
prior  to  such  appnintment.]  Me.,  244. 
— All  the  provisions  of  the  Constitution,  respecting 
the  election  and  proceedings  of  the  members  of  the 
General  Court,  or  of  any  other  officers  or  persons 
whatever,  that  have  refennce  to  the  last  Wednesday 
of  May  as  the  commencement  of  the  political  year, 
shall  be  so  far  altered  as  to  have  like  reference  to  the 
first  Wednesday  of  January.  Mass.,  295. 
— No  person  shall  be  elected  or  appointed  to  any 
office  in  this  Slate,  civil  or  military,  who  is  not  a  citi- 
zen of  the  United  States,  and  who  shall  not  have 
resided  in  this  State  one  year  next  before  the  election 
or  appointment.     Ill,  162. 

— When  any  office  shall  become  vacant  by  death, 
resignation  or  otherwise,  the  Governor  shall  have 
power  to  fill  such  vacancy  unless  otherwise  provided 
for  by  law;  and  persons  so  appointed  shall  continue 
in  office  until  a  successor  is  appointed  agreeably  to 
the  mode  pointed  out  by  this  Constitution,  or  by  law 
in  pursuance  thereo.''.  Ga.,  147. 
— When  a  v  icancy  happens  during  the  recess  of  the 
Legislaiure,  in  any  office  which  is  to  be  filled  liy  the 
Governor  and  Senate,  or  by  the  Legislature,  in  joint 
me  ting,  the  Governor  shall  fill  such  vacancy,  and 
the  commission  shall  expire  at  the  end  of  the  next 
session  of  the  Legislature,  unless  a  successor  shall  be 
sooner  appointed.  When  a  vacancy  happens  in  the 
office  of  Clerk  or  Surrogate  of  any  county,  the  Gov- 


198 


ARTICLE  XI. 

1  SECTiOif  1.  The  militia  of  this  State  shall,  at  all  times  hereafter,  be  armed 

2  aud  disciplined,  aud  in  readiness  for  service ;  but  all  such  inhabitants  of  this 

3  State,  of  any  religious  denomination  whatever,  as  from  scruples  of  conscience 

4  may  be  averse  to  bearing  arms,  shall  be  excused  therefrom,  upou  such  condi- 


5  tions  as  shall  be  prescribed  by  law. 

ernor  shall  fill  such  vacancy,  and  the  commission 
shall  expire  when  a  successor  is  elected  and  qualified. 
A'.  J.,  417. 

— No  appointment  or  nomination  to  office  shall  be 
made  by  the  Governor  during  the  last  week  of  his 
said  term.     A\  /,  415. 

—  The  election  of  all  officers,  and  the  fiUinp;  of  all 
vacancies  that  may  happen,  by  death,  resignation,  or 
removal,  not  otherwi.se  directed  or  provided  for  by 
this  Constitution,  shall  be  made  in  such  manner  as 
the  Legislature  shall  direct.  Tenri.,  497. 
— In  all  cases  of  elections  to  till  vacancies  in  office 
occurring  before  the  expiration  of  a  full  term,  the 
person  so  elected  shall  hold  for  the  residue  of  the 
unexpired  terra ;  and  all  persons  appointed  to  fill 
vacancies  in  office,  shall  hold  until  the  next  general 
election,  and  until  their  successors  are  elected  and 
qualified.     Iowa,  194. 

— Vacancies  in  county,  township,  precinct,  and  city 
offices  shall  be  filled  in  such  manner  as  may  be  pre- 
scribed by  law.     Or.,  454. 

■ — No  person  holding  an  office  of  profit  under  the 
United  States,  shall,  during  his  continuance  in  such 
office,  hold  any  office  of  profit  under  this  State.  Mo., 
362. 

— If,  at  any  election  directed  by  this  Constitution, 
any  two  or  more  candidates  shall  have  the  highest 
and  an  equal  number  of  votes,  a  new  election  shall 
be  ordered,  except  in  cases  specially  provided  for  by 
this  Constitution.     Md.,  277. 

— Every  person  holding  any  office  created  by  or 
existing  under  the  Constitution  or  laws  of  the  State, 
the  entire  amount  of  whose  pay  or  compensation 
received  for  the  discharge  of  his  official  duties  shall 
exceed  the  yearly  sum  of  three  thousand  dollars, 
except  wherein  otherwise  provided  by  this  Constitu- 
tion, shall  keep  a  book  in  which  shall  be  entered  any 
sum  or  sums  of  money  received  by  him  or  on  his 
account  as  a  payment  or  compensation  for  his  per- 
formance of  official  duties,  a  copy  of  which  entries  in 
said  book,  verified  by  the  oath  of  the  officer  by  whom 
it  is  directed  to  be  kept,  shall  be  raturned  yearly  to 
the  Comptroller  of  the  State  for  his  inspection  and 
that  of  the  General  Assembly  of  the  State,  and  each 
of  the  said  officers,  when  the  amount  received  by  him 
for  the  year  shall  exceed  three  thousand  dollars,  shall 
yearly  pay  over  to  the  Treasurer  of  the  State  the 
amount  of  such  excess  by  him  received,  subject  to 
such  disposition  thereof  as  the  General  Assembly  may 
direct;  and  such  officer  failing  to  comply  with  this 
requisition  shall  be  deemed  to  have  vacated  his  office 
and  be  subject  to  suit  by  the  State  for  the  amount 
that  ought  to  be  paid  into  the  treasury.  Md.,  276. 
— If  any  civil  officer  shall  become  disabled  from  dis- 
charging the  duties  of  his  office,  by  reason  of  any 
permanent  bodily  or  mental  infirmity,  his  office  may 
be  declared  to  be  vacant,  by  joint  resolution,  agreed 
to  by  two-thirds  of  the  whole  representation  in  each 
House  of  the  General  Assembly :  Provided,  That  such 
resolution  shall  contain  the  grounds  for  the  proposed 
removal,  and  before  it  shall  pass  either  House,  a  copy 
of  it  shall  be  served  on  the  officer,  and  a  hearing 
be  allowed  him.     S.  C,  487. 

— All  civil  officers  .shall  be  removable  by  an  addre.'^s 
of  a  majority  of  themembers  elected  to  both  Houses, 
except  those  the  removal  of  whom  has  been  other- 
wise provided  by  this  Constitution.    La.,  233. 


ORGANIZATION  OF  THE  MILITIA. 

— And  whereas  it  is  of  the  utmost  importance  to  the 
safety  of  every  State,  that  it  should  always  be  in  a 
condition  of  defense;  and  it  is  the  duty  of  every 
man,  who  enjoys  the  protection  of  society,  to  be  pre- 
pared and  willing  to  defend  it ;  this  Convention, 
therefore,  in  the  name  and  by  the  authority  of  the 
good  people  of  this  State,  doth  ordain,  determi.ne 
AND  DECLARE,  that  the  militia  of  this  State,  at  all 
times  hereafter,  as  well  in  peace  as  in  war,  shall  be 
armed,  and  disciplined,  and  in  readiness  for  service. 
That  all  such  of  the  iiiliabitants  of  this  State  (being 
of  the  people  called  Quakers)  as,  from  scruples  of 
conscience,  may  be  averse  to  the  bearing  of  arms,  be 
therefrom  excused  by  the  Legi-slature;  and  do  pay 
to  the  State,  such  sums  of  money,  in  lieu  of  their 
personal  service,  as  the  same  may,  in  the  judgment 
of  the  Legislature,  be  worth :  And  that  a  proper 
magazine  of  warlike  stores,  proportionate  to  the 
number  of  inhabitants,  be,  forever  hereafter,  at  the 
expense  of  this  State,  and  by  acts  of  the  Legislature, 
established,  maintained,  and  continued,  in  every 
county  in  this  State.  N.  Y.  (1777),  33. 
— The  General  Assembly  shall  [irovide  by  law  for 
organizing  and  disciplining  the  militia  of  this  State,  in 
such  manner  as  they  may  deem  expedient,  not 
incompatible  with  the  Consiitution  and  laws  of  the 
United  States;  shall  fix  the  rank  of  all  stafl"  officers, 
and  prescribe  the  manner  in  which  all  officers  shall  be 
appointed  or  elected.     Ala.,  78. 

— The  militia  of  this  State  shall  be  divided  into  con- 
venient divisions,  brigades,  regiments  and  companies, 
and  other  officers  of  corresponding  titles  and  rank 
elected  to  command  them,  conforming,  as  nearly  as 
practicable,  to  the  general  relations  of  the  army  of 
the  United  States ;  and  all  ofiicers  shall  be  elected  by 
those  subject  to  military  duty  in  their  several  dis- 
tricts, except  as  hereinafter  provided.  Ark.,  90. 
— The  Legislature  shall  provide  by  law  for  organizing 
and  disciplining  the  militia,  in  such  manner  as  they 
shall  deem  expedient,  not  incompatible  with  the 
Constitution  and  laws  of  the  United  States.  Cat, 
102 ;  Miss.,  342. 

— The  Governor  shall  have  power  to  call  forth  the 
militia  to  execute  the  laws  of  the  State,  to  suppress 
insurrections,  and  repel  invasions.  Cal.,  102 ;  Tex., 
514. 

— All  offenses  against  the  Militia  laws  shall  be  tried 
by  court-martial,  or  before  a  court  and  jury,  as  the 
General  Assembly  may  direct.     Fl,  137. 

— The  militia  of  the  State  of shall  consist  of  all 

free  male  able-bodied  persons  (negroes,  mulattoes  and 
Indians  excepted),  resident  of  the  State,  between  the 
ages  of  eighteen  and  forty-five  years,  except  such 
persons  as  now  are  or  hereafter  may  be  exempted  by 
the  laws  of  tlie  United  States  or  of  this  State,  and 
shall  be  armed,  equipped  and  trained,  as  tlie  General 
Assembly  may  provide  by  law.  Ill,  103;  (nearly 
similar),  Ky.,  219. 

—  The  militia  shall  consist  of  all  able-bodied  white 
male  persons  between  the  ages  of  eighteen  and  forty- 
five  years,  except  such  as  may  be  exempted  by  the 
laws  of  the  United  States  or  of  tliis  State;  and  shall 
be  organized,  officered,  armed,  equipped  and  trained, 
in  such  manner  as  may  be  provided  by  law.  Ind., 
179;  (nearly  similar),  Uich.,  312;   Or.,  456;  Tex.,  514. 


199 


— The  militia  may  be  divided  into  classes  of  sedentary 
and  active  militia,  in  such  manner  as  shall  be  pre- 
scribed by  law.     lad.,  180. 

— The  General  Assembly  shall  determine  the  method 
of  dividing  the  militia  into  divisions,  bri<;ades,  regi- 
ments, battalions  and  companies,  and  fix  the  rank  of 
all  staff  officers.     Iiid.,  180. 

— The  militia  of  this  State  shall  be  composed  of  all 
able-bodied  white  male  citizens  between  the  ages  of 
eighteen  and  forty-flve  years,  except  such  as  are  or 
may  hereafter  be  exempt  by  the  laws  of  the  United 
States  or  of  this  State,  and  shall  be  armed,  equipped 
and  trained  as  the  General  Assembly  may  provide  by 
law.  Iowa,  190;  (nearly  similar),  Kan.,  203. 
— The  Legislature  shall  provide  for  organizing,  equip- 
ping and  disciplining  the  militia  in  such  manner  as  it 
shall  deem  expedient,  not  incompatible  with  the  laws 
of  the  United  States.  A'aji.,  203  ;  Mkh.,  'i\A. 
— The  militia  of  the  State  shall  be  organized  in  such 
manner  as  may  be  hereafter  deemed  most  expedient 
by  the  Legislature.     La.,  231. 

— All  able-l)odied  men  in  the  State  shall  be  armed 
and  disciplined  for  its  defense.  La.,  231. 
— The  militia,  as  divided  into  divisions,  brigades, 
regiments,  battalions  and  companies,  pursuant  to  the 
laws  now  in  force,  shall  remain  so  organized,  until  the 
same  shall  be  altered  by  the  Legislature.  Me.,  2'tG ; 
(nearly  similar),  Mass.,  288. 

— The  militia  shall  be  composed  of  all  able-bodied 
male  citizens,  residents  of  this  State,  being  eighteen 
years  of  age,  and  under  the  age  of  forty-five  years, 
who  shall  be  enrolled  in  the  militia,  and  perform  mili- 
tary duty  in  such  manner,  not  incompatible  with  the 
Constitution  and  laws  of  the  United  States,  as  may 
be  prescribed  by  the  General  Assembly  of  Maryland. 
Md,  275. 

— The  General  Assembly  shall  provide  at  its  first  ses- 
sion after  the  adoption  of  this  Constitution,  and  from 
time  to  time  thereafter,  as  the  exigency  may  require, 
for  organizing,  equipping  and  disciplining  the  militia 
in  such  a  manner,  not  incompatible  with  the  laws  of 
the  United  States,  as  shall  be  most  efl'octive  to  repel 
invasion  and  suppress  msurrection,  and  shall  pass 
such  laws  as  shall  promote  the  formation  of  volunteer 
militia  associations  in  the  city  of  Baltimore  and  in 
every  county,  and  to  secure  them  such  privileges  or 
assistance  as  may  aftbrd  them  effectual  encourage- 
ment.    Md.,  275. 

— The  Governor  may  suspend  or  arrest  any  military 
officer  of  the  State  for  disobedience  of  orders,  or  other 
military  offense,  may  remove  him  in  pursuance  of  the 
sentence  of  a  court-martial ;  and  may  remove,  for 
incompetency  or  misconduct,  all  civil  officers  who 
received  aitpointments  from  the  executive  for  a  term 
not  exceedmg  two  years.  Md.,  260. 
— All  public  boards,  the  Commissary-General,  all 
superintending  officers  of  public  magazines  and  stores, 
belonging  to  this  Commonwealth,  and  all  commanding 
officers  of  forts  and  garrisons  within  the  same,  shall, 
once  in  every  three  months,  officially  and  without 
requisition,  and  at  other  times,  when  required  by  the 
Governor,  deliver  to  him  an  account  of  all  goods, 
stores,  provisions,  ammunition,  cannon  with  tlieir 
appendages,  and  small  arms  with  their  accoutrements, 
and  of  all  other  public  property  whatever  under  their 
care,  respectively;  distinguishing  the  quantity,  num- 
ber, quality  and  kind  of  each,  as  particularly  as  may 
be;  together  with  the  condition  of  such  forts  and 
garrisons;  and  the  said  commanding  officer  shall 
exhibit  to  the  Governor,  when  required  by  him,  true 
and  exact  plans  of  such  forts,  and  of  the  land  and  sea, 
or  harbor  or  harbors  adjacent. 

And  the  said  Boards,  and  all  public  officers,  shall 
communicate  to  the  Governor,  as  soon  as  may  be 
alter  receiving  the  same,  all  letters,  dispatches,  and 
intelligences  of  a  public  nature,  which  shall  be  directed 
to  them  respectively.  Mass.,  288. 
— All  officers,  civil  and  military,  now  holding  any 
office  or  appointment,  shall  continue  to  hold  their 
respective  offices,  unless  removed  by  competent 
authority,  until  superseded  under  the  laws  now  in 
force,  or  under  this  Constitution.     Mkh.,  316. 


— It  shall  be  the  duty  of  the  Legislature  to  pass  such 
laws  for  the  organization,  discipline,  and  service  of 
the  militia  of  the  State  as  may  be  deemed  necessary. 
Min.,  328. 

— The  Governor  shall  have  power  to  call  forth  the 
militia  to  execute  the  laws  of  the  State,  to  suppress 
insurrection,  and  repel  invasion.  Miss.,  342;  Nev., 
391. 

— All  able-bodied  male  inhabitants  of  the  State  of 
Missouri  shall  be  liable  to  military  duty  under  this 
ordinance,  except  as  is  hereinafter  provided,  and, 
when  organized,  shall  constitute  and  be  known  and 
designated  as  the  "  Missouri  Militia."  Mo.,  365. 
— All  able-bodied  male  inhabitants  of  this  State, 
between  the  ages  of  eighteen  and  forty-flve  years, 
who  are  citizens  of  the  United  States,  or  have 
declared  their  intention  to  become  citizens  of  the 
United  States,  shall  be  liable  to  military  duty  in  the 
milita  of  this  State  ;  and  there  shall  be  no  exemption 
from  such  duty,  except  of  such  persons  as  the  Gen- 
eral Assembly  may,  by  law,  exempt.  Mo.,  361. 
—  The  General  Assembly  shall,  by  law,  provide  for 
the  organization  of  the  militia,  and  for  the  paying  of 
the  same  when  called  into  actual  service  ;  but  there 
shall  be  no  officer  above  the  grade  of  Brigadier-Gen- 
eral, nor  shall  there  be  more  than  two  officers  of  that 
grade.     Mo.,  361. 

— There  shall  be  an  enrolling  officer  for  each  county, 
with  the  rank  of  a  lieutenant,  appointed  by  the  com- 
manding officer  of  each  sub-district,  whose  duty  it 
shall  be  to  enroll  all  persons  in  said  county,  liable  to 
do  military  duty,  once  in  each  year ;  and  all  enroll- 
ments heretofore  made  under  existing  laws  shall  be 
taken  and  considered  as  made  under  this  ordinance. 
Mo.,  306. 

— The  militia,  as  soon  as  enrolled,  shall  be  organized 
into  platoons,  companies,  regiments  and  brigades.  A 
platoon  shall  be  composed  of  not  less  than  thirty-two 
nor  more  than  forty-six  privates,  two  sergeants,  four 
corporals,  and  one  lieutenant.  A  company  shall  con- 
sist of  the  number  of  men,  commissioned  and  non- 
commission  officers  prescribed  by  the  Revised  Regu- 
lations of  the  Army  of  the  United  States.  A 
regiment  shall  consist  of  eight  companies  or  more, 
with  the  number  of  field  and  staff  officers  prescribed 
by  "  Army  Regulations  "  for  the  particular  branch  of 
service  to  which  it  may  be  assigned.  A  brigade  shall 
consist  of  three  or  more  regiments.  Mo.,  306. 
--Platoons  or  companies,  as  soon  as  organized,  shall 
elect  their  commissioned  officers,  which  officers, 
together  with  all  brigade,  regimental,  and  staff  offi- 
cers appointed  by  the  Governor,  and  all  non-commis- 
sioned company  officers,  shall,  before  commissions  or 
warrants,  as  the  case  may  be,  [be]  issue[d]  to 
them,  take  and  subscribe  the  following  oath :   ''  I,  A. 

B.,  aged  years,   of  the  county  of  ,  in  the 

State  of  Missouri,  and  a  native  of ,  do  on  oath 

(or  affirmation)  declare  that  I  have  not,  during  the 
present  rebellion,  taken  up  arms  or  levied  war  against 
the  United  States  nor  against  the  State  of  Missouri, 
nor  have  I  willfully  adhered  to  the  enemies  of  either, 
whether  domestic  or  foreign,  by  giving  aid  or  com- 
fort, by  denouncing  said  governments,  or  either  of 
them,  by  going  into  or  favoring  or  encouraging 
others  to  go  into,  or  favor  secession,  rebellion,  or  dis- 
union, but  have  always  in  good  faith  opposed  the 
same;  and  further,  that  I  will  support,  protect,  and 
defend  the  Constitution  of  the  United  States  and  of 
the  State  of  Missouri  against  all  enemies  or  opposers, 
whether  domestic  or  foreign,  any  ordinance,  law, 
resolution  of  any  State  Convention  or  Legislature,  or 
of  any  orders,  organization,  secret  or  otherwise,  to 
the  contrary  notwithstanding,  and  that  I  do  this  with 
an  honest  purpose,  pledge  and  determination  faith- 
fully to  perform  the  same,  without  any  mental  reser- 
vation or  evasion  whatever,  so  help  me  God.  Mo., 
366. 

— The  staff  of  general  officers  shall  be  the  same  as  for 
the  time  may  be  prescribed  by  the  Regulations  of  the 
United  States  Army,  or  orders  of  the  War  Depart- 
ment, governing  appointments  of  officers  of  the 
same  grade  in  the  United  States  service,  all  of  whom 


200 


shall  be  detailed  from  the  line  of  the  command  of  the 
ofl'ioer  to  whose  staff  they  are  .ittached.     Mo.,  366. 

It  shall  be  lawful  for  the  Commauder-in-Chief  to 

call  into  service  such  platoons,  companies  or  regi- 
ments as  the  safety  and  pence  of  the  State  may 
require,  and  to  issue  such  instructions  as  may  be 
necessary  to  insure  strict  discipline  and  familiarity  in 
drill.     Mo.,  366. 

— The  publication  of  the  proclamation  of  the  Gover- 
nor shall  be  deemed  sufficient  notice  to  all  persons, 
subject  to  military  duty,  to  report  to  their  respective 
commandinpr  ofBcer  for  active  service.  Mo.,  366. 
— The  Articles  of  War  and  Army  Regulations,  as 
published  by  authority  of  the  War  Department  of  the 
United  States,  shall  be  observed  by  the  Missouri 
Militia  in  every  particular  not  otherwise  provided  by 
this  Ordinance,  and  the  manner  of  drill  shall  be  such 
as  is  prescribed  in  the  tactics  adopted  for  the  United 
States  Army.     Mo.,  367. 

— Whenever  the  militia,  or  any  part  of  it,  is  called 
into  service,  the  Inspector-General  or  his  assistants, 
shall  muster  such  force  into  the  service  on  the  rolls 
of  the  platoon  or  company,  one  of  which  rolls  shall 
be  retained  by  the  commanding  officer  of  the  platoon 
or  company,  one  copy  shall  be  returned  to  the 
Adjutant-General  of  the  State,  and  one  copy  to  the 
district  head-quarters.  He  shall  administer  to  each 
platoon  or  company  separately  on  the  following 
oath  :  '•  You  and  eacli  of  you  do  solemnly  swear  that 
you  will  support,  protect  and  defend  the  United 
States  and  tlie  State  of  Missouri,  and  the  Constitution 
and  laws  thereof,  against  all  their  enemies;  that  you 
will  assist  in  enforcing  the  laws,  and  will  obey  all 
lawful  orders  of  the  officers  having  authority  to  com- 
mand you  whilst  in  the  service,  so  help  your  God." 
And  any  person  subject  to  military  duty  who  shall 
refuse  to  take  said  oath,  shall  be  considered  and 
treated  as  a  prisoner  of  war.  Mo.,  367. 
— Every  person  who  neglects  or  refuses  to  enroll 
himself  shall  pay  the  sum  of  twenty  dollars,  to  be 
levied  upon  his  goods  and  chattels,  by  order  of  the 
commanding  officer  of  the  district,  and  may  be 
imprisoned  or  put  at  hard  labor  by  said  officer  until 
said  fine  is  paid,  and  shall  then  be  enrolled  and 
as.signed  to  such  p'atoon  or  company  as  the  command- 
ing officer  of  the  ilistrict  may  di  ect;  and  any  person 
duly  enrolled  and  liable  to  militia  service  who  shrill 
refuse  or  neglect  to  perform  such  service,  shall  pay  a 
fine  of  five  dollars  per  day  for  every  day  he  fails  to 
render  such  service,  afler  having  been  thereto 
required  by  his  officers,  and  in  addition  thereto  such 
delinquent  shall  lie  subject  to  arrest,  trial  and  punish- 
ment, within  the  discretion  of  a  court-martial,  and 
nothing  in  this  section  shall  be  construed  to  exempt 
any  man  from  military  service.  Mo.,  367. 
— The  commanding  officer  of  each  platoon  or  company 
shall  certify,  to  the  commandin;;  officer  of  the  battal- 
ion or  regiment  to  which  he  is  attached,  a  list  of  all 
persons  liable  to  fine  under  the  provisicms  of  this 
ordinance,  with  the  number  of  days  each  person  has 
neglected  or  refu.sed  to  do  duty,  which  list  shall  be, 
by  the  commanding  officer  of  the  battalion  or  regi- 
ment, certified  to  the  clerk  of  the  Circuit  Court  of  the 
county  ten  days  before  the  next  term  of  the  said 
court,  who  shall  place  a  copy  of  said  list  in  a  con- 
spicuous place  in  his  office  at  leat  five  days  before 
the  first  day  of  the  term.  Mo.,  367. 
— It  shall  be  the  duty  of  the  Circuit  Court  to  render 
a  judgment  and  award  an  execution  against  each 
person  named  in  said  lists  for  the  sum  due  by  him, 
anil  costs,  which  shall  be  collected  as  other  fines. 
The  Sheriff  of  the  County  may  collect  all  sums  due  in 
said  lists  before  judgment,  and  shall  pay  over  the 
same  to  the  Stale  treasury  to  the  credit  of  the  "  Union 
Military  Fund."  He  shall  certify  to  the  command- 
ing officer  of  the  district  the  names  of  all  persons  who 
fail  to  pay  the  amount  stated  against  them  in  said 
lists,  or  who  have  no  property  whereof  to  levy  such 
execution.  An  i  the  commanding  officer  of  the  dis- 
trict shall  arrest  and  put  at  labor  the  persons  men- 
tioned in  the  last  named  list,  until  the  anion  nt.«  due 
by  them  are  paid.    And  it  shall  be  tlie  duty  of  the 


Circuit  Attorney  of  the  proper  circuit  to  prosecute 
all  such  matters  as  shall  come  before  the  said  court 
by  virtue  of  this  section.  Mo.,  367. 
— The  sum  of  fifty  cents  per  day  shall  be  reckoned  to 
every  person  put  at  labor,  under  the  provisions  of 
this  ordinance,  until  the  fine  or  penalty  due  by  him 
is  fully  paid.     Mo.,  367. 

— The  uniform  of  the  Missouri  militia  shall  be  the 
same  as  prescribed  by  the  United  States  Army  Regu- 
lations for  the  army  of  the  United  States,  until  other- 
wise ordered  by  the  Commander-in-Chief.  Mo.,  367. 
— All  officers  when  on  duty,  shall  wear  the  uniform 
of  their  rank,  and  no  person  not  in  the  military  ser- 
vice of  the  State  or  the  United  States,  .shall  wear  any 
insignia  of  rank,  or  any  part  of  uniform,  under  a  pen- 
alty of  twenty  dollars  for  every  offense,  to  be  re- 
covered by  suit  and  summary  trial  before  any  Justice 
of  the  Peace.     Mo.,  367. 

— The  pay  of  the  militia  shall  be  the  same  for  offi- 
cers and  men  as  allowed  for  the  time  by  the  United 
States  to  officers  and  soldiers,  and  fifty  cents  for  each 
day's  service  of  his  horse,  when  he  is  mounted ;  and 
such  pay  shall  be  in  the  same  funds  in  which  the 
United  States  Volunteers  are  paid,  or  their  equiva- 
lent.    Mo.  368. 

— All  taxes  levied  and  collected  for  military  pur- 
poses, and  all  fines  imposed  upon  militiamen  by  this 
ordinance,  all  proceeds  of  the  sale  of  contraband  or 
captured  property,  seized  or  captured  by  the  militia, 
and  all  other  appropriations  and  levies  made  fur  the 
benefit  of  the  militia,  shall  likewise  be  paid  into  the 
treasury,  to  the  credit  of  the  said  union  military  fund. 
Out  of  said  fund  shall  be  paid,  first,  all  sums  now 
due  the  enrolled  Missouri  militia  for  services  ren- 
dered, and  union  military  bonds  now  outstanding  or 
hereafter  issued,  and  second^  all  expenses  incurred 
according  to  law,  and  audited  by  the  proper  officers, 
and  appropriations  for  military  purposes,  as  other 
claims  against  the  State.  Mo.,  368. 
— The  Governor  of  the  State  shall  lay  before  the 
General  Assembly,  at  each  regular  session  thereof  a 
report  of  the  moneys  expended  for  militia  purposes, 
and  an  estimate  of  tlie  funds  necessary  for  support  of 
the  militia  for  the  next  two  years.  Mo.,  368. 
— The  Commander-in-Chief  may  as.sign  to  duty  as 
paymasters,  such  officers  as  may  to  him  seem  proper, 
not  exceeding  four  (4)  in  number,  with  the  rank  and 
pay  of  majors  of  infantry,  and  require  them',  before 
entering  upon  the  discharge  of  the  duties  of  the 
office,  to  execute  a  bond  in  a  sum  and  with  such  se- 
curities as  he  shall  order,  conditioned  for  the  faithful 
performance  of  their  duty.  Mo.,  368. 
— Any  officer,  civil  or  military,  who  may  refuse  to 
account  for  and  pay  over,  according  to  law,  any 
moneys  or  property  coming  to  his  hands  belonging 
to  the  militia  fiind,  shall,  upon  conviction  thereof  in 
the  Circuit  or  Criminal  Court,  on  indictment,  be  sen- 
tenced to  imprisonment  in  the  penitentiary  for  a  terra 
of  not  less  than  five  nor  more  than  ten  years.  Mo.,  368. 
— Courts-Martial  shall  be  constituted  and  shall  pro- 
ceed in  all  cases,  and  be  governed  by  the  laws  and 
regulations  prescribed  for  the  United  States  Army. 
Mo ,  368. 

— The  General  Assembly  of  this  State  shall  provide 
the  ways  and  means  for  the  payment  of  the  Mi.ssouri 
militia,  and  may,  at  any  time,  amend  or  repeal  this 
ordinance.     Mo.,  368. 

— The  Legislature  shall  determine  what  persons  shall 
constitute  the  militia  of  the  State,  and  may  provide 
for  organizing  and  disciplining  the  same,  in  such  man- 
ner as  shall  be  prescribed  by  law.     Neb.,  373. 
— The  Legislature  shall  proviile  by  law  fbr  organizing 
and  disciplining  the  militia  of  this  State,  for  the  effec- 
tual encouragement  of  volunteer  corps,  and  the  safe 
keeping  of  the  public  arms.     Nev..  391. 
— The  division  of  the  militia  into  brigades,  regiments 
and  companies,  made  in  pursuance  of^the  militia  laws 
now  in  force,  .shall  be  considered  as  the  propi-r  divi- 
sion of  the  militia  of  this  State,  until  the  same  shall 
be  altered  by  some  future  law.     N.  H.,  406. 
— All    public    board.s,    the    commissary-general,   all 
superintending    officers    of   public    magazines,    and 


201 

1  §  2.  Militia  officers  shall  be  chosen  or  appointed  as  follows :  Captains,  sub- 

2  alterns  and  non-commissioned  officers  shall  be  chosen  by  the  written  votes  of 

3  the  members  of  their  respective  companies ;  field  officers  of  regiments  and 

4  separate  battalions,  by  the  written  votes  of  the  commissioned  officers  of  the 

5  respective  regiments  and  separate  battalions;  Brigadier-Generals  and  Brigade 

6  Inspectors  by  the  field  officers  of  their  respective  brigades ;  Major-Generals, 

7  Brigadier-Generals  and  commanding  officers  of  regiments  or  separate  battal- 

8  ions,  shall  appoint  the  staff  officers  to  their  respective  divisions,  brigades, 

9  regiments  or  separate  battalions. 


stores,  belonging  to  this  State,  and  all  commanding 
ofBcers  of  forts  and  garrisons  within  the  same,  shall, 
once  in  every  three  months,  officially,  and  without 
requisition,  and  at  other  times  when  required  by  tlie 
Governor,  deliver  to  him  an  account  of  all  goods, 
stores,  provisions,  ammunition,  cannon  with  their 
appendages,  and  all  small  arms  with  their  accout'e- 
ments,  and  of  all  other  public  property  un'ier  their 
care  respectively ;  distinguishing  the  quantity  and 
kind  of  each  as  particularly  as  may  be,  together  witli 
the  condition  of  such  forts  and  garrisons ;  and  the 
commanding  officer  shall  exhibit  to  the  Governor, 
when  required  by  him,  true  and  exact  plans  of  such 
forts,  and  of  the  land  and  sea,  or  harbor  or  harbors 
adjacent.     N.  K,  407. 

— The  Legislature  shall  provide  by  law  for  enrolling, 
organizing,  and  arming  the  militia.  N.  J.,  418. 
— All  white  male  citizens,  residents  of  this  State, 
being  eigliteen  years  of  age,  and  under  the  age  of 
forty-five  yearis,  shall  be  enrolled  in  the  militia,  and 
perform  military  duty,  in  such  manner,  not  incom- 
patible with  the  Constitution  and  laws  of  the  United 
States,  as  may  be  prescribed  by  law.  Ohio,  440. 
— The  Governor  shall  commission  all  officers  of  the 
lir.e  and  staff,  ranking  as  sucli;  and  shall  have  power 
to  call  forth  the  militia,  to  execute  the  laws  of  the 
State,  to  suppress  insurrection  and  repel  invasion. 
Ohio,  440. 

— The  General  Assembly  shall  provide,  by  law,  for 
the  protection  and  safe  keeping  of  the  public  arms. 
Ohio,  440. 

— The  Legislative  Assembly  shall  fix  by  law  the 
method  of  dividing  the  militia  into  divisions,  bri- 
gades, regiments,  battalions  and  companies,  and  make 
all  other  needful  rules  and  regulations  in  such  man- 
ner as  they  may  deem  expedient,  not  incompatible 
with  the  Constitution  or  laws  of  the  United  States, 
or  of  the  Constitution  of  this  State,  and  shall  fix  the 
rank  of  all  stall'  officers.  Or.,  456. 
—The  freemen  of  this  Commonwealth  shall  be  armed, 
organized,  and  disciplined  for  its  defense,  when  and 
in  such  manner  as  may  be  directed  by  law.  Tliose 
who  conscientiously  scruple  to  bear  arms,  shall  not 
be  compelled  to  do  so,  but  shall  pay  an  equivalent  for 
personal  service.     Pa.,  46-5. 

— All  militia  officers  shall  be  elected  by  persons  sub- 
ject to  military  duty  within  the  bounds  of  their 
several  companies,  battalions,  regiments,  brigades 
and  divisions,  under  such  rules  and  regulations  as  the 
legislature  may,  from  time  to  time,  direct  and  estab- 
lish.    Term.,  497. 

— The  inhabitants  of  this  State  shall  be  trained  and 
armed  for  its  defense,  under  such  regulations,  restric- 
tion.s  and  exceptions,  as  Congress,  agreeably  to  the 
Constitution  of  the  United  States,  and  the  Legislature 
of  this  State  shall  direct.  Tlie  several  companies  of 
militia  shall,  as  often  as  vacancies  happen,  elect  their 
captain  and  other  officers,  and  the  captains  and  sub- 
alterns  shall   nominate   and    recommend    the    field 

51 


officers  of  their  respective  regiments,  who  shall 
appoint  their  staff  officers.  Vt.,  525. 
— The  Legislature  shall  determine  what  persons  shall 
constitute  the  militia  of  the  State,  and  may  provide 
for  organizing  and  disciplining  the  same  in  such  man- 
ner as  shall  be  prescribed  by  law.      Wis.,  503. 


ELECTION   OR  APPOINTMENT   OF   MILITIA 

OFFICERS. 

— That  all  military  officers  be  appointed  during 
pleasure ;  that  all  commissioned  officers,  civil  and 
military,  be  commissioned  by  the  Governor  ;  and  that 
the  Chancellor,  the  Judges  of  the  Supreme  Court, 
and  the  first  Judge  of  the  County  Court  in  every 
county,  hold  their  offices  during  good  behavior,  or 
until  they  shall  have  respectivley  atlained  the  age  of 
fifty  years.     N.  Y.  (1777),  30. 

[The  provisions  of  Art.  XI,  §§  2,  4,  5  and  6  are 
copied  from  the  Constitution  of  1821,  except  the 
words  "  Brigade  Inspectors,"  which  were  introduced 
in  1846.]     P.  38. 

— The  Governor  shall  nominate,  and  with  the  con- 
sent of  the  Senate  appoint,  all  Major-Generals,  brigade 
inspectors,  and  chiefs  of  the  staff  departments,  except 
the  Adjutant-General  and  Commissary-General.  The 
Adjutant-General  shall  be  appointed  by  the  Governor. 
N.  Y.  (1821),  38. 

— No  other  officers  than  Adjutant-Generals  and 
Quartermaster-Generals  shall  be  appointed  by  the 
General  Assembly.  And  provided  further,  that  Major- 
Generals  shall  appoint  their  aids  and  all  division  and 
staff  officers,  Brigadier-Generals  shall  appoint  their 
aids  and  all  other  brigade  staff  officers,  and  Colonels 
shall  appoint  their  regimental  staff  officers.  A'a.,  78. 
— The  Governor  shall  appoint  the  Adjutant-General 
and  other  members  of  his  staff;  Major-Generals, 
Brigadier-Generals,  and  commanders  of  regiments, 
shall  respectively  appoint  their  own  staff;  and  all 
commissioned  officers  may  continue  in  office  during 
good  behavior,  and  staft"  officers  during  the  same  time, 
subject  to  be  removed  by  the  superior  officer  from 
whom  they  respectively  derive  their  commissions. 
Ark.,  90. 

— Officers  of  the  militia  shall  be  elected  or  appointed, 
in  such  a  manner  as  the  Legislature  shall  from  time  to 
time  direct,  and  shall  be  commissioned  by  the  Gov- 
ernor. Col.,  102;  (nearly  similar),  FL,  137;  Kan., 
203. 

— Officers  of  the  militia  shall  be  elected  or  appointed, 
and  be  commissioned  in  such  manner  as  may  be  pro- 
vided by  larw.     Mich.,  314. 

— No  commission  shall  be  vacated  except  by  sentence 
of  a  court-martial.     FL,  137. 

— All  militia  and  county  officers  shall  be  elected  by 
the  people,  under  such  regulations  as  have  been  or 
may  be  prescribed  by  law.     Va.,  150. 


202 


— Company,  battalion,  and  regimental  officers,  staff 
officers  excepted,  shall  be  elected  by  the  persons 
composing  their  several  companies,  battalions,  and 
regiments.     III.,  163. 

— Brigadier  and  Major-Generals  shall  be  elected  by 
the  officers  of  their  brigades  and  divisions,  respec- 
tively,    III,  163. 

— All  militia  officers  shall  be  commissioned  by  the 
Governor,  and  may  hold  their  commissions  for  such 
time  as  the  Legislature  may  provide.  III.,  163. 
— The  Governor  shall  appoint  the  Adjutant,  Quarter- 
master, and  Commissary-General.  Ind.,  180. 
— All  militia  officers  shall  be  commissioned  by  the 
Governor,  and  shall  hold  their  offices  not  longer  than 
six  years.     Ind.,  180. 

— All  commissioned  officers  of  the  militia,  (staff  offi- 
cers excepted),  shall  be  elected  by  the  persons  liable 
to  perform  military  duty,  and  shall  be  commissioned 
by  the  Governor.     Iowa,  190. 

— The  Governor  shall  appoint  the  Adjutant-Grcneral 
and  his  other  staff  officers;  the  Major-Generals, 
Brigadier-Generals,  and  commandants  of  regiments, 
shall  respectively  appoint  their  staff"  officers;  and 
commandants  of  companies  shall  appoint  their  non- 
commissioned officers.  ATy.,  219;  Jenn.,  498. 
— All  militia  officers,  whose  appointment  is  not  herein 
otherwise  provided  for,  shall  be  elected  by  persons 
subject  to  military  duty,  within  their  respective  com- 
panies, battidions,  regiments,  brigades,  and  divisions, 
under  such  rules  and  regulations,  and  for  such  terms, 
not  exceeding  six  years,  as  the  General  Assembly 
may,  from  time  to  time,  direct  and  establish.  Ky., 
219. 

— The  Captains  and  subalterns  of  the  militia  shall  be 
elected  by  the  written  votes  of  the  members  of  their 
respective  companies.  The  field  officers  of  regiments 
by  the  written  votes  of  the  Captains  and  subalterns 
of  their  respective  regiments.  The  Brigadier-Generals, 
in  like  manner,  by  the  field  officers  of  their  respective 
brigades.     Me.,  246. 

— The  Major-General  shall  be  elected  by  the  Senate 
and  House  of  Representatives,  each  having  a  negative 
on  the  other.  The  Adjutant-General  and  Quarter- 
master-General shall  be  appointed  by  the  Governor 
and  Council ;  but  the  Adjutant-General  shall  perform 
the  duties  of  Quartermaster-General,  until  otherwise 
directed  by  law.  The  Major-Generals  and  Brigadier- 
Generals,  and  the  commanding  officers  of  regiments 
and  battalions  shall  appoint  their  respective  staff  offi- 
cers; and  all  military  officers  shall  be  commissioned 
by  the  Governor.     Me.,  246. 

— And  he  shall  also  nominate,  and  with  the  advice  and 
consent  of  the  Council,  appoint  all  other  civil  and 
miUtary  officers  whose  appointment  is  not,  by  this 
Constitution,  or  shall  not  by  law,  be  otherwise  pro- 
vided for ;  and  every  such  nomination  shall  be  made 
seven  days  at  least  prior  to  such  appointment.  Me., 
244. 

— There  shall  be  an  Adjutant-General,  who  shall  be 
appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  tlie  Senate.  He  shall  hold  his  office 
at  the  pleasure  of  the  Governor ;  shall  perform  such 
duties,  and  shall  receive  such  compensation  or  emolu- 
ments as  are  now  or  may  be  hereafter  fixed  by  law. 
Md.,21b. 

— And  no  officer,  duly  commissioned  to  command  in 
the  militia,  shall  be  removed  from  his  office,  but  by 
the  address  of  both  Houses  to  the  Governor,  or  by 
fair  trial  in  court-martial,  pursuant  to  the  laws  of  the 
Commonwealth  for  the  time  being.  Mass.,  288. 
-The  Major-Generals  shall  be  appointed  by  the  Sen- 
ate and  House  of  Representatives,  each  having  a 
negative  upon  the  other;  and  be  commissioned  by 
the  Governor.     Mass.,  288. 

— And  if  the  electors  of  brigadiers,  field  officers,  cap- 
tains or  subalterns  shall  neglect  or  refuse  to  make 
such  elections,  after  being  duly  notified,  accord- 
ing to  the  laws  for  tlie  time  being,  then  the  Gov- 
ernor, with  the  advice  of  Council,  shall  appoint  suit- 
able persons  to  fill  such  offices.  Mass.,  288. 
— The  commanding  officers  of  regiments  shall  appoint 
their   adjutants  and  quartermasters ;   the  brigadiers 


their  brigade-majors ;  and  the  major-generals  their 
aids ;  and  the  Governor  shall  appoint  the  Adjutant- 
General.     Mass.,  288. 

— Whenever  the  exigencies  of  the  Commonwealth 
shall  require  the  appointment  of  a  Commissary-Gen- 
eral, he  shall  be  nominated,  appointed,  and  commis- 
sioned, in  such  manner  as  the  Legislature  may,  by 
law,  prescribe.     Mass.,  294. 

-  -All  officers  commissioned  to  command  in  the  militia, 
may  be  removed  from  office  in  such  manner  as  the 
Legislature  may,  by  law,  prescribe.  Mass.,  294. 
— In  the  elections  of  captains  and  subalterns  of  ihe 
mihtia,  all  the  members  of  their  respective  compa- 
nies, as  well  those  under  as  those  above  the  age  of 
twenty-one  years,  shall  have  a  right  to  vote.  Mass., 
294. 

— Commissioned  officers  of  the  militia  (staff  officers 
and  the  officers  of  volunteer  companies  excepted), 
shall  be  elected  by  the  persons  liable  to  perform 
military  duty,  and  the  qualified  electors  within  their 
respective  commands,  and  shall  be  commissioned  by 
the  Governor.     Miss.,  342. 

— Each  company  and  regimant  shall  elect  its  own 
company  and  regimental  officers;  but  if  any  company 
or  regiment  shall  neglect  to  elect  such  officers  within 
the  time  prescribed  by  law,  or  by  the  order  of  the 
Governor,  they  may  be  appointed  by  the  Governor. 
Mo.,  361. 

— The  said  election  shall  be  conducted,  and  the  returns 
thereof  made  to  the  clerks  of  the  several  County 
Courts,  and  by  them  immediately  certified  to  the 
Secretary  of  State,  as  provided  by  law  in  the  case  of 
elections  of  State  officers;  and  where  an  election 
shall  be  held  in  a  regiment  or  company,  tlie  returns 
thereof,  with  the  poll  books,  shall  be  certified  to  the 
Secretary  of  State,  and  may  be  transmitted  by  mail, 
or  by  any  messenger  to  whom  the  judges  of  the  elec- 
tion may  intrust  the  same  for  that  purpose.  Mn.,  363. 
— The  Governor  shall  nominate,  and  by  and  with 
the  advice  and  the  consent  of  the  Senate,  appoint 
two  Brigadier-Generals,  and  no  more,  and  as  many 
Colonels,  Lieutenant-Colonels  and  Majors  as  may  be 
necessary  for  properly  disciplining  and  governing 
the  force  organized  under  this  ordinance  ;  Provided, 
however.  That  the  officers  and  men  thus  commissioned 
and  organized  shall  not  be  entitled  to,  nor  receive 
any  pay,  rations  or  emoluments,  when  not  in  actual 
service.     Mo.,  366. 

— The  staff  of  the  Commander-in-Chief  shall  be  an 
Adjutant-General,  with  the  rank  and  pay  of  Colonel 
of  cavalry ;  a  Quartermaster-General,  an  Inspector- 
General  and  a  Commissary-General,  each  with  the 
rank  and  pay  of  a  Colonel  of  cavalry  ;  a  Paymaster- 
General,  with  the  rank  and  pay  of  Lieutenant-Colo- 
nel of  infantry ;  a  Surgeon-General,  with  the  rank 
and  pay  of  Colonel  of  infantry ;  a  Judge- Advocate- 
General,  with  the  rank  and  pay  of  Lieutenant-Colo- 
nel of  infantry ;  three  aids-de-camp,  with  the  rank 
and  pay  of  Major  of  infantry.  He  may  detail  from 
the  line  and  field  officers  of  any  regiment  such  offi- 
cers as  he  may  deem  proper,  and  assign  them  to  duty 
on  his  staff.     Mo.,  366. 

— The  captains  and  subalterns  in  the  respective  regi- 
ments shall  be  nominated  and  recommended  by  the 
field  officers  to  the  Governor,  who  is  to  issue  their 
commissions  immediately  on  receipt  of  such  recom- 
mendations.    N.  H.,  400. 

— No  officer  duly  commissioned  to  command  in  the 
militia,  shall  be  removed  from  his  office  but  by  the 
address  of  both  Houses  to  the  Governor,  or  by  fair 
trial  in  court-martial,  pursuant  to  the  laws  of  the 
State  for  the  time  being.  N.  H.,  406. 
— The  oomnjanding  officers  of  the  regiment  shall  ap- 
point their  adjutants  and  quartermasters;  the  briga- 
dier.s,  their  brigade  majors ;  the  major-generals,  their 
aids;  the  captains  and  subalterns,  their  nou-commis- 
sioned  officers.     N.  H.,  406. 

— The  Governor  shall  classify  and  arrange  the  afore- 
s^d  returned  list,  and  shall  make  therefrom  separate 
lists  of  the  electors  belonging  to  each  regiment,  bat- 
talion, squadron  and  battery,  from  said  Territory  in 
the  service  of  the   United  States,   and  shall,  on  or 


203 


1  g  3.  The  Governor  shall  nominate,  and,  with  the  consent  of  the  Senate, 

2  appoint  all  Major-Generals,  and  the  Commissary-General.    The  Adjutant- 

3  General  and  other  chiefsof  staff  departments,  and  the  Aides-de-Oamp  of  the  Com- 

4  mander-in-Ohief,  shall  be  appointed  by  the  Governor,  and  their  commissions 

5  shall  expire  with  the  time  for  which  the  Governor  shall  have  heen  elected.  The 

6  Commissary-General  shall  hold  his  office  for  two  years.  He  shall  give  security 

7  for  the  faithful  execution  of  the  duties  of  his  office,  in  such  manner  and 

8  amount  as  shall  be  prescribed  by  law. 

1  5  4.  The  Legislature  shall,  by  law,  direct  the  time  and  manner  of  electing 

2  militia  officers,  and  of  certifying  their  elections  to  the  Governor. 


before  the  fifteenth  day  of  August  following,  trans- 
mit, by  mail  or  otherwise,  to  the  commanding  officer 
of  each  regiment,  battah'on,  squadron  and  battery,  a 
list  of  electors  belonging  thereto,  which  said  list  shall 
specify  the  name,  residence  and  rank  of  each  elector, 
and  the  company  to  which  he  belongs,  if  to  any,  and 
also  the  county  and  township  to  which  he  belongs, 
and  in  which  he  is  entitled  to  vote.  Nev.,  397. 
— Between  the  hours  of  nine  o'clock,  A.  M.  and  three 
o'clock,  P.  M.,  on  each  of  tlie  election  days  herein- 
before named,  a  ballot  box,  or  suitable  receptacle  for 
votes,  shall  be  opened,  under  the  immediate  charge 
and  direction  of  three  of  the  highest  officers  in  com- 
mand, for  the  reception  of  votes  from  the  electors 
whose  names  are  upon  said  list,  at  each  place  where 
a  regiment,  battalion,  squadron,  or  battery  of  soldiers 
from  the  said  Territory,  in  the  Army  of  the  United 
States,  may  be  on  that  day,  at  which  time  and  place 
said  electors  shall  be  entitled  to  vote  for  all  officers 
for  which,  by  reason  of  their  residence  in  the  several 
counties  in  the  said  Territory,  they  are  authorized  to 
■  vote,  as  fully  as  they  would  be  entitled  to  vote  in  the 
several  counties  or  townships  in  which  they  reside, 
and  the  votes  so  given  by  sucli  electors  at  such  time 
and  place,  shall  be  considered,  taken  and  held  to  have 
been  given  by  them  in  the  respective  townships  in 
which  they  are  resident.  Nev.,  397. 
— Captains,  subalterns,  and  non-commissioned  officers 
shall  be  elected  by  the  members  of  their  respective 
companies.     N.  J.,  418. 

— Field  officers  of  regiments,  independent  battalions, 
and  squadrons,  shall  be  elected  by  the  commissioned 
officers  of  their  respective  regiments,  battalions,  or 
squadrons.     iV".  J.,  418. 

— Brigadier-Generals  shall  be  elected  by  the  field 
officers  of  their  respective  brigades.     N.  J.,  418. 
— Major-Generals  shall  be  nominated  by  the  Gover- 
nor, and  appointed  by  him,  with  the  advice  and  con- 
sent of  the  Senate.     N.  J.,  418. 

— The  Legislature  shall  provide,  by  law,  the  time 
and  manner  of  electing  militia  officers,  and  of  certi- 
fying their  elections  to  the  Governor,  who  shall 
grant  their  commissions  and  determine  their  rank, 
when  not  determined  by  law ;  and  no  connnissioned 
officer  shall  be  removed  from  office  but  by  the  sen- 
tence of  a  court-martial  pursuant  to  law.  N.  J.,  418. 
— In  case  the  electors  of  subalterns,  captains,  or  field 
officers,  shall  refuse  or  neglect  to  make  such  election.s, 
the  Governor  shall  have  power  to  appoint  such  offi- 
cers, and  to  fill  all  vacancies  caused  by  such  refusal  or 
neglect.     N.  J.,  418. 

--Brigade  inspectors  shall  be  chosen  by  the  field  offi- 
cers of  their  respective  brigades.  N.  J.,  418. 
— The  Governor  shall  appoint  the  Adjutant-General, 
Quartermaster-General,  and  all  other  militia  officers 
whose  appointment  is  not  otherwise  provided  for  in 
this  Con^tulion.     N.  J.,  418. 


— Major-Generals,  Brigadier-Generals,  and  command- 
ing officers  of  regiments,  independent  battalions,  and 
squadrons  shall  appoint  the  staff  officers  of  their  divis- 
ions, brigades,  regiments,  independent  battalions  and 
squadrons,  respectively.  N.  J.,  419. 
— The  General  Assembly  shall  have  power  to  pass 
laws  regulating  the  mode  of  appointing  and  remov- 
ing militia  officers.     N.  C,  428. 

— Majors-General,  Brigadiers-General,  Colonels,  Lieu- 
tenant-Colonels, Majors,  Captains,  and  subalterns, 
shall  be  elected  by  the  persons  subject  to  military 
duty,  in  their  respective  districts.  Ohio,  440. 
—The  Governor  shall  appoint  the  Adjutant-General, 
Quartermaster-General,  and  such  other  staff  officers  as 
may  be  provided  for  by  law.  Majors-General,  Briga- 
diers-General, Colonels  or  Commandants  of  regiments, 
battalions,  or  squadrons,  shall,  severally,  appoint  their 
staff,  and  Captains  shall  appoint  their  non-commis- 
sioned officers  and  musicians.  Ohio.,  440. 
— The  Major-Generals,  Brigadier-Generals,  Colonels, 
or  commandants  of  regiments,  battalions,  or  squad- 
rons, shall  severally  appoint  their  staff  officers,  and 
the  Governor  shall  commission  all  officers  of  the  Hne 
and  staff'  ranking  as  such.  Or.,  456. 
—The  Governor  shall  appoint  the  Adjutant-General 
and  the  other  chief  officers  of  the  general  staff  and 
his  own  stafl',  and  all  officers  of  the  line  shall  be 
elected  by  the  persons  subject  to  mihtary  duty  in  their 
respective  districts.     Or.,  456. 

— The  manner  of  appointing  militia  officers  shall  be 
prescribed  by  law.      Va.,  540. 

-  -The  Governor  shall  nominate  and  by  and  with  the 
advice  and  consent  of  the  Senate  appoint  all  military 
officers  above  the  rank  of  Colonel.      W.  Va.,  552. 


EXEMPTIONS  FROM  MILITIA  SERVICE. 

— That  all  such  of  the  inhabitants  of  this  State  (being 
of  the  people  called  Quakers)  as,  from  scruples  of 
conscience,  may  be  averse  to  the  bearing  of  arms,  be 
therefrom  excused  by  the  Legislature ;  and  to  pay  to 
the  State,  such  sums  of  money  in  lieu  of  their  per- 
sonal service,  as  the  same  may,  in  the  judgment  of 
the  Legislature,  be  worth.     K  Y.  (1777),  33. 

—  The  militia  shall  in  all  cases,  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  musters  and  elec- 
tions of  officers,  and  in  going  to  and  returning  from 
the  same.     Ill,  163. 

—  But  all  citizens  of  any  religious  denomination 
whatever,  who,  from  scruples  of  conscience,  may  be 
averse  to  bearing  arms,  shall  be  exempted  therefrom, 
upon  such  conditions  as  may  be  prescribed  by  law 
Kan.,  203. 

— But  those  who  belong  to  religious  societies,  whose 
tenets  forbid  them  to  carry  arras,  shall  not  be  com- 


204 


1  g  5.  The  commissioned  officers  of  the  militia  shall  be  commissioned  by  the 

2  Governor ;  and  no  commissioned  officer  shall  be  removed  from  office,  unless  by 

3  the  Senate  on  the  recommendation  of  the  Governor,  stating  the  grounds  on 

4  which  such  removal  is  recommended,  or  by  the  decision  of  a  court-martial, 

5  pursuant  to  law.     The  present  officers  of  the  militia  shall  hold  their  commis- 

6  sions  subject  to  removal  as  before  provided. 

1  g  6.  In  case  the  mode  of  election  and  appointment  of  militia  officers  hereby 

2  directed,  shall  not  be  found  conducive  to  the  imi)rovement  of  the  militia,  the 

3  Legislature  may  abolish  the  same  and  provide  by  law  for  their  appointment 

4  and  removal,  if  two-thirds  of  the  members  present  in  each  House  shall  concur 

5  therein. 


pelled  to  do  so,  but  shall  pay  an  equivalent  for 
personal  services.     fCy.,  219. 

—  Persons  of  the  denomination  of  Quakers  and 
Shakers,  Justices  of  the  Supreme  Judicial  Court,  and 
ministers  of  the  gospel,  may  be  exempted  from  mili- 
tary duty  ;  but  no  other  person,  of  the  age  of  eighteen 
and  under  the  age  of  forty-five  years,  excepting 
officers  of  the  nulitia  vvflio  have  been  honorably 
discharged,  shall  be  so  exempted,  imless  he  shall  pay 
an  equivalent,  to  be  fixed  by  law.     Me.,  246. 

— But  persons  whose  religious  opinions  and  conscien- 
tious scruples  forbid  them  to  bear  arms  shall  be 
relieved  from  doing  so  on  producing  to  the  proper 
authorities  satisfactory  proof  that  they  are  thus  con- 
scientious.     Md.,  275. 

— But  all  such  citizens  of  any  religious  denomination 
whatever,  who,  from  scruples  of  conscience,  may  be 
averse  to  bearing  arms,  shall  be  excused  therefrom, 
upon  such  conditions  as  shall  be  prescribed  by  law. 
Mich.,  313. 

—  Persons  over  the  age  of  forty-five  years,  and 
under  the  age  of  eighteen  years ;  United  States  mail 
carriers,  when  actually  employed  as  such ;  United 
States  and  State  officers ;  one  miller  to  each  public 
mill,  and  an   engineer  for  the  same,  when  actually 


employed  in  said  capacity  ;  teachers  of  public  schools ; 
ministers  of  the  Gospel ;  regular  practicing  physi- 
cians, and  railroad  employees,  shall  be  exempt  from 
duty  in  the  militia,  and  shall  be  entitled  to,  and 
receive  from  the  "  enrolling  officer,"  a  "certificate" 
to  that  eflect,  on  producing  to  said  "  enrolling  officer  " 
satisfactory  evidence  of  their  respective  avocations  or 
employments.     Mo ,  3G6. 

— The  Surgeon-General  shall  appoint  a  physician  or 
surgeon  for  each  county  to  examine  persons  claiming 
exemption,  who  shall  give  to  every  person  exempted 
by  him  a  certificate,  and  shall  return  to  the  ofBoe  of 
the  Adjutant  of  the  district,  within  five  days  after  the 
close  of  each  of  his  sittings,  a  complete  list  of  all  per- 
sons so  exempted.  The  physician  or  surgeon  so 
employed  shall  receive  the  pay  of  a  Major  of  infantry 
while  actually  engaged  in  such  service.  Mo.,  367. 
— Any  physician  or  surgeon  authorized  by  the  provi- 
sions of  tills  ordinance  to  issue  certificates  of  exemp- 
tion, who  shall  fraudulently  issue  any  such  certificates, 
shall  be  liable  to  a  fine  of  not  less  than  five  hundred 
dollars,  to  be  recovered  by  indictment  before  the 
Circuit  Court  of  the  proper  county,  except  St.  Louis 
county,  where  the  indictment  shall  be  before  tlie 
Criminal  Court.     Mo.,  367. 


205 


ARTICLE  XII. 

1  Section  1.  Members  of  the  Legislature,  and  all  officers,  executive  and 

2  judicial,  except  such  inferior  officers  as  may  be  by  law  exempted,  shall,  before 

3  they  enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the 

4  following  oath  or  affirmation : 

5  "I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  Avill  support  the 

6  Constitution  of  the  United  States,  and  the  Constitution  of  the  State  of  New 

7  York ;  and  that  I  will  faithfully  discharge  the  duties  of  the  office  of 

8  according  to  the  best  of  my  ability." 

9  Aud  no  other  oath,  declaration  or  test,  shall  be  required  as  a  qualification 
10  for  any  office  or  public  trust. 


OATHS. 

[Under  the  New  York  Constitution  of  1777,  an 
an  oath  or  affirmation  of  allegiance  to  the  State  was 
required  of  electors,  but  no  oath  of  office  was  pre- 
scribed ;  the  oath  of  office  now  required  was  intro- 
duced in  1821.] 

— All  civil  officers  of  this  State,  legislative,  executive, 
and  judicial,  before  they  enter  upon  the  execution  of 
the  duties  of  their  respective  offices,  shall  take  the 
following  oath :  "  I  solemnly  swear  "  (op  affirm,  as 
the  case  may  be),  "  that  I  will  support  the  Constitu- 
tion of  the  United  States,  and  the  Constitution  of  the 

State  of so  long  as  I  continue  a  citizen  thereof; 

and  that  I  will  faithfully  discharge,  to  the  best  of  my 

abilities,  the  duties  of  the  office  of so  help  me 

God."  Ala.,  80;  (nearly  similar),  Ct,  113. 
— Members  of  the  Legislature,  and  all  officers,  execu- 
tive and  judicial,  except  such  inferior  officers  as  may 
be  by  law  exempted,  shall,  before  they  enter  on  the 
duties  of  their  respective  offices,  take  and  subscribe 
the  following  oath  or  affirmation:  "I  do  solemnly 
swear  "  (or  affirm,  as  the  case  may  be)  "that  I  will 
support  the  Constitution  of  the  United  States,  and 

the  Constitution  of  the  State  of ,  and  that  I  will 

faithfully  discharge  the  duties  of  the  office  of , 

according  to  the  best  of  my  ability."  And  no  other 
oath,  declaration  or  test,  shall  l)e  required  as  a  quali- 
fication for  any  office  of  public  trust.  Cal,  104 ;  loiva, 
187;  il/tcA.,  314;  Miss.,  342;  X.  J.,  ilo;  0/-.,  452. 
— All  persons  thus  declared  to  be  State  officers,  shall 
enter  upon  the  discharge  of  their  respective  offices  as 
soon  thereafter  as  they  take  and  subscribe  an  oath 
before  any  Justice  of  the  Peace,  or  other  officer 
authorized  to  administer  oaths,  as  follows  :  That  they 
will  faithfully  perform  the  duties  of  their  respective 
offices ;  that  they  will  support  the  Constitution  and 
laws  of  the  State  and  of  the  United  States ;  and  said 
oath,  in  case  of  State  officers,  shall  be  filed  in  the 
office  of  the  Secretary  of  State  ;  and  in  case  of  county 
officers,  they  shall  enter  upon  the  duties  of  their 
respective  offices  immediately  after  the  election  upon 
filing  said  oath  with  the  county  commissioners.  Ark, 
94. 

— Members  of  the  General  Assembly  and  all  officers, 
executive  and  judicial,  shall  be  bound  by  oath  or 
affirmation,  to  support  the  Constitution  of  this  State, 
and  to  perform  the  duties  of  their  respective  offices 
with  fidelity.     Del,  126. 

— Members  of  the  General  Assembly,  and  all  officers, 
civil  or  militai-y,  before  they  enter  upon  the  execu- 
tion of  their  respective  offices,  shall  take  the  follow- 
ing oath  or  affirmation :  "  I  do  swear  (or  affirm)  that 
I  am  duly  qualified  according  to  the  Constitution  of 

52 


this  State,  to  exercise  the  office  to  wliich  I  have  been 
elected  (or  appointed),  and  will  to  the  best  of  my 
abilities,  discharge  the  duties  thereof,  and  preserve, 
protect  and  defend  the  Constitution  of  this  State,  and 
of  the  United  States  of  America."  Fl.,  13G. 
— The  oaths  of  officers  directed  to  be  taken  under  this 
Constitution,  may  be  administered  by  any  judge,  or 
justice  of  the  peace,  in  the  State  of  Florida,  until 
until  otherwise  provided  by  law.  I"!.,  140. 
— The  Governor  shall,  before  he  enters  on  the  duties 
of  his  office,  take  the  following  oath  or  affirmation : 
"  I  do  solemnly  swear  or  affirm  (as  the  case  may  be), 
that  I  will  faithfully  execute  the  office  of  Governor  of 

the  State  of ;  and  will,  to  the  best  of  my  abilities, 

preserve,  protect  and  defend  the  Constitution  thereof, 
and  of  the  Constitution  of  the  United  States  of 
America."  Oa.,  147 ;  (nearly  similar),  III,  158. 
— Every  Senator  and  Representative,  before  taking 
his  seat,  shall  take  an  oath  or  affirmation  to  support 
the  Constitution  of  the  United  States  and  of  this 
State;  and  also  that  he  hath  not  practiced  any 
unlawful  means,  either  directly  or  indirectly,  to  pro- 
cure his  election.  And  every  person  convicted  of 
having  given  or  offered  a  bribe,  shall  be  disqualified 
from  serving  as  a  member  of  either  House  for  the 
term  for  which  he  was  elected.  Ga.,  14.5. 
^Every  person  elected  or  appointed  to  any  office 
under  this  Constitution  shall,  before  entering  on  the 
duties  thereof,  take  an  oath  or  affirmation  to  support 
the  Constitution  of  this  State  and  of  the  United 
States,  and  also  an  oath  of  office.  Ill,  154;  Iowa, 
194;  Ohio,  US;  Or,  458;  Tenn.,  49S. 
— Members  of  the  General  Assembly  are  hereby 
empowered  to  administer  to  each  other  the  oath  or 
affirmation.     Iowa,  187. 

— All  State  officers,  before  entering  upon  their  respec- 
tive duties,  shall  take  and  subscribe  an  oath  or  affir- 
mation to  support  the  Constitution  of  the  United 
States  and  the  Constitution  of  this  State,  and  faith- 
fiiUy  to  discharge  the  duties  of  their  respective  offices. 
Kan.,  199. 

— Members  of  the  General  Assembly  and  all  officers, 
before  they  enter  upon  the  duties  of  their  offices 
shall  take  the  following  oath  or  affirmation :  "  I,  A. 
B.,  do  solemnly  swear  (or  affirm)  that  I  will  support 
the  Constitution  and  laws  of  the.  United  States,  and 
of  this  State,  and  that  I  will  faithfully  and  impartially 
discharge  and  perform  all  the  duties  incumbent  on 

me  as ,  according  to  the  best  of  my  abilities  and 

understanding,  so  help  me  God !"     La.,  232. 
— Members   of  the  General  Assembly,  and   all  offi- 
cers,  before  they  enter  upon  the  execution  of  the 
duties  of  their  respective  offices,  and  all  members  of 
the  bar,  before  they  enter  upon  the  practice  of  their 


206 


profession,  shall  take  the  following  oath  or  affirmation  : 
"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be), 
that  I  will  support  the  Constitution  of  the  United 
States,  and  the  Constitution  of  this  State,    and   be 

faithful  and  true  to  the  Commonwealth  of ,  so 

long  as  I  continue  a  citizen  thereof,  and  that  I  will 
faithfully  execute,  to  the  best  of  my  abihties,    the 

oflice  of ,  according   to  law ;  and   I   do  further 

solemnly  swear  (or  atlirni),  that  since  the  adoption  of 
the  present  Constitution,  I,  being  a  citizen  of  this 
State,  have  not  fought  a  duel,  witli  deadly  weapons, 
within  this  State  or  out  of  it,  with  a  citizen  of  tliis 
State,  nor  have  I  sent  or  accepted  a  challenge  to 
fisrht  a  duel  with  deadly  weapons,  with  a  citizen  of 
this  State  ;  nor  have  I  acted  as  second  in  carrying  a 
challenge,  or  aided,  or  assisted  any  person  thus 
oBcnding — so  help  me  God."  A'^.  21'J;  (nearly  sim- 
ilar), Tex..  514. 

-  The  oaths  of  office  herein  directed  to  be  taken 
mav  be  ailministered  by  any  Judge  or  Justice  of  the 
Peace,  until  the  General  Assembly  shall  otherwi.se 
direct.     A'^.,  224. 

— The  Goneial  As.sembly  shall  pa.«s  laws  requir- 
ing the  president,  directors,  trustees  or  agents  of  cor- 
porations, created  or  autliorized  by  the  laws  of  this 
State,  teachers,  or  superintendents  of  public  schools, 
colleges  or  other  institutions  of  learning;  attorneys- 
at-law.  jurors  and  such  other  persons  as  the  General 
Assembly  shall  fiom  time  to  time  prescribe,  to  take 
the  oath  of  allegiance  to  the  United  .States  set  forth 
in  the  first  article  of  this  Constitution.  Md..  2G4. 
— And  every  person  chosen  to  either  of  the  places  or 
offices  aforesaid,  as  also  any  person  ajipointed  or  com- 
missioned to  any  judicial,  executive,  military  or  other 
office  under  the  government,  sliall,  before  he  enters 
on  the  discharge  of  the  business  of  his  place  or  office, 
take  and  subscribe  the  following  declaration  and  oaths 
or  affirmations,  viz. ;  J/a.ss.,  291. 
— "  I,  A.  B.,  do  .solemnly  swear,  that  I  will  bear  true 
faith  and  allegiance  to  the  Commonwealth  of  Massa- 
chusetts, and  will  support  the  Constitution  thereof. 
So  help  me  God."      Muss.,  294. 

— Provided.  That  when  any  person  .shall  be  of  the 
denomination  called  Quakers,  and  shall  decline  taking 
said  oath,  he  shall  make  his  affirmation  in  the  forego- 
ing form,  omitting  the  word  "  swear,"  and  inserting, 
instead  thereof,  the  word  '  affirm,"  and  omitting  the 
words,  "  so  help  me,  God,"  and  subjoining,  instead 
thereof,  the  words  "  This  I  do  under  the  pains  and 
penalties  of  perjury."  Mass.,  294. 
— No  oath,  declaration,  or  subscription,  excepting  the 
oath  prescribed  in  the  preceding  article,  and  the  oath 
of  office,  shall  be  required  of  the  Governor,  Lieuten- 
ant-Governor, Councillors,  Senators,  or  Representa- 
tives, to  qualify  them  to  perform  the  duties  of  their 
respective  offices.     Mass.,  291. 

— "  I,  A.  B.,  do  solemnly  swear  and  affirm  that  I  will 
faithfully  and  impartially  discharge  and  perform  all 

the  duties  incumbent  on  me  as ,  according  to  the 

best  of  my  abilities  and  understanding,  agreeably  to 
the  rules  and  regulations  of  the  Constitution  and 
the  laws  of  the  Commonwealth,  so  help  me  God." 
Ma.is.,  291. 

—  And  the  said  oaths  or  affirmations  shall  be  taken 
and  sul)scribed  by  the  Governor,  Lieutenant-Gover- 
nor and  Councillors,  before  the  President  of  the 
Senate,  in  the  presence  of  the  two  Houses  of  Assem- 
bly ;  and  by  the  Senators  and  Representatives  first 
elected  under  this  Constitution,  before  the  President 
and  five  of  the  Council  of  the  former  Constitution ; 
and  forever  afterwards  before  the  Governor  and 
Council  for  the  time  being;  and  by  the  residue  of  the 
officers  aforesaid,  before  such  pei'sons,  and  in  such 
manner  as  from  time  to  time  shall  be  prescribed  by 
the  Legislature.     Mass.,  291. 

— Every  person  elected  or  appointed  to  either  of  the 
places  or  offices  provided  in  this  Constitution,  and 
every  person,  elected,  appointed,  or  commissioned  to 
any  judicial,  executive,  military,  or  other  office  under 
this  State,  shall,  before  he  enters  on  the  discharge  of 
the  duties  of  his  place  or  office,  take  and  subscribe 
the  following  oath  or  affirmation  :  ''  I, ,  do  swear. 


that  I  will  su]iport  the  Constitution  of  the  United 
States  and  of  this  State,  so  long  as  I  shall  contmue  a 
citizen  thereof     So  help  me  God." 

"  I, ,  do  swear,  that  I  will  faithfully  discharge, 

to  the  best  of  my  abilities,  the  duties  incumbent  on 

me  as ,  according  to  the  Constitution  and  the 

laws  of  tlie  State.  So  help  me  God."  Provided, 
That  an  affirmation  in  the  above  forms  may  be  sub- 
stituted, when  the  persons  shall  be  con.scientiously 
scrupulous  of  taking  and  subscribing  an  oath. 

The  oatlis  or  affirmations  sliall  be  taken  and  sub- 
scribed by  the  Governor  and  Counsellors  before  the 
presiding  officer  of  the  Senate,  in  the  presence  of 
both  Houses  of  the  Legislature,  and  by  the  Senators 
and  Representatives  before  the  Governor  and  Coun- 
cil, and  by  the  residue  of  said  officers  before  such  per- 
son as  shall  be  prescribed  by  the  Legislature;  and, 
whenever  the  Governor  or  any  Counsellor  shall  not 
be  able  to  attend,  during  the  session  of  the  Legisla- 
ture, to  take  and  subscribe  said  oaths  or  affirmations, 
such  oaths  or  affirmations  may  be  taken  and  sub- 
scribed, in  the  recess  of  the  Legislature,  before  any 
Justice  of  the  Supreme  Judicial  Court;  Provided, 
That  the  Senators  and  Representatives  first  elected 
under  this  Constitution  shall  take  and  subs(yibe  such 
oaths  or  affirmations  before  the  President  of  the  Con- 
vention.    J/e.,  247. 

— All  members  and  officers  of  both  branches  of  the 
Legislature  shall,  belbre  entering  upon  the  duties  of 
their  respective  trusts,  take  and  subscribe  an  oath  or 
affirmation  to  support  the  Constitution  of  the  United 

States,   the  Constitution  of  the  State  of ,  and 

faithfully  and  impartially  to  discharge  the  duties  de- 
volving upon  him  as  such  member  or  officer.  Minn.., 
323. 

—Each  officer  created  by  this  article  shall,  before 
entering  upon  his  duties,  take  an  oath  or  affirmation 
to  support  the  Constitution  of  the  United  States,  and 
of  this  State,  and  faithfully  discharge  the  duties  of  his 
office  to  the  best  of  his  judgment  and  ability.  Minn., 
324. 

— The  Legislature  shall  provide  for  a  uniform  oath  or 
affirmation  to  be  administered  at  elections;  and  no 
person  shall  be  compelled  to  take  any  other  or  differ- 
ent fonn  of  oath  to  entitle  him  to  vote.  Minn.,  329. 
— Within  sixty  days  after  this  Constitution  takes 
effect,  every  person  in  this  State  holding  any  office 
of  honor,  trust,  or  profit  under  the  Constitution  or 
laws  thereof,  or  under  any  municipal  corporation,  or 
any  of  the  other  offices,  positions,  or  trusts  mentioned 
in  the  third  section  of  this  article,  shall  take  and  sub- 
scribe the  said  oath.  If  an)'  officer  or  person  referred 
to  in  this  section  shall  fail  to  comply  with  the  require- 
ments thereof,  his  office,  position,  or  trust  shall,  ijm) 
facto,  become  vacant,  and  the  vacancy  shall  be  filled 
according  to  the  law  governing  the  ca.se.  Mo.,  350. 
— The  oath  to  be  taken  as  aforesaid  shall  be  known 
as  the  Oath  of  Jjoyalty,  and  shall  be  in  the  following 
terms:  Mo.,  349. 

'■  I,  A.  B.,  do  solemnly  swear,  that  I  am  well  ac- 
quainted with  the  terms  of  the  third  section  of  the 

second  article  of  the  Constitution  of  the  State  of , 

adopteil  in  the  year  1865,  and  have  carefully  consid- 
ered the  same ;  that  I  have  never,  directly  or  indi- 
rectly, done  any  of  the  acts  in  said  section  .specified  ; 
that  I  have  always  been  truly  and  loyally  on  the 
side  of  the  United  States  against  all  enemies  thereof, 
foreign  and  domestic;  that  I  will  bear  true  faith 
and  allegiance  to  the  United  States,  and  will  support 
the  Constitution  and  laws  thereof,  as  the  supreme 
law  of  the  land,  any  law  or  ordinance  of  any  State 
to  the  contrary  notwithstanding;  that  I  will,  to  the 
best  of  my  ability,  protect  and  defend  the  Union  of 
the  United  States,  and  not  allow  the  same  to  be 
broken  up  and  dissolved,  or  the  Government  thereof 
to  be  destroyed  or  overtlirown,  under  any  circuin- 
stances,  if  in  my  power  to  prevent  it;  that  I  will 

support  the  Constitution  of  the  State  of ,  and 

that  I  make  this  oath  without  mental  reservation  or 
evasion,  and  hold  it  to  be  binding  on  me  " 
— Members  of  the  Legislature,  and  all  officers,  execu- 
tive and  judicial,  except  such  inferior  officers  as  may 


2or 


be  by  law  exempted,  shall,  before  they  enter  upon 
the  duties  of  their  respective  offices,  take  and  sub- 
scribe an  oath  or  affirmation  to  support  tiie  Constitu- 
tion of  the  United  States,  and  the  Constitution  of  the 

State  of ,  and  fivithfuUy  to  discharge  the  duties  of 

their  respective  offices  to  the  best  of  their  ability. 
Neb.,  373. 

— Members  of  the  Legislature,  and  all  officers,  execu- 
tive, judicial  and  ministerial,  shall,  before  they  enter 
upon  the  duties  of  their  respective  offices,  take  and 
subscribe  to  the  following  oath  or  affirmation :  I, 
,  do  solemnly  swear  (or  aHirm),  that  I  will  sup- 
port, protect  and  defend  the  Constitution  and  govern- 
ment of  the  United  States,  and  the  Constitution  and 

government  of  the  State  of- ,  against  all  enemies, 

whether  domestic  or  Ibreign ;  and  that  I  will  bear 
true  faith,  allegiance  and  loyalty  to  the  same,  any 
ordinance,  resolution,  or  law  of  any  State,  Conven- 
tion or  Legislature,  to  the  contrary  notwithstanding; 
and  further,  that  I  do  this  with  a  full  determination, 
pledge  and  promise,  without  any  mental  reservation 
or  evasion  whatsoever.  And  I  do  further  solemnly 
swear  (or  affirm),  that  I  have  not  fought  a  duel,  nor 
sent  or  accepted  a  challenge  to  light  a  duel,  nor  been 
a  second  to  either  party,  nor  in  any  manner  aided  or 
assisted  in  such  duel,  nor  been  knowingly  the  bearer 
of  such  cliallenge  or  acceptance,  since  tlie  Constitu- 
tion of  the  State  of ,  and  that  I  will  not  be  so 

engaged  or  concerned,  directly  or  indirectly,  in  or 
about  such  duel,  during  my  continuance  in  office. 
And  further,  that  I  will  well  and  faitlifully  perform 

all  the  duties  of  the  office  of ,  on  which  I  am 

about  to  enter;  (if  on  oath),  so  help  me  God;  (if  on 
affirmation),  under  the  pains  and  penalties  of  perjury." 
Aec,  3i)l. 

— Any  person  chosen  G-overnor,  Councillor,  Sen- 
ator or  Representative,  military  or  civil  officer,  (town 
officers  e.Kcepted)  accepting  the  trust,  shall,  before  he 
proceeds  to  execute  the  duties  of  his  office,  make  and 
subscribe  to  the  following  declaration,  viz.  : 

I,  A.  B.,  do  solemnly  swear  that  I  will  bear  true 

faith  and  true  allegiance  to  the  State  of ,  and  will 

support  the  Constitution  thereof     So  help  me  God. 

I,  A.  B.,  do  solemnly  and  sincerely  swear  and 
affirm  that  I  will  faithfully  and  impartially  discharge 
and  [lerform  all  tlie  duties  incumbent  on  me  as 
,  according  to  the  best  of  my  abili- 
ties; agreeable  to  the  rules  and  regulations  of  this 
Constitution,  and  the  laws  of  the  State  of 
So  help  me  God. 

Any  person  having  taken  and  subscrilied  the  oath 
of  allegiance,  and  the  same  being  filed  in  the  Secre- 
tary's office,  he  shall  not  be  obliged  to  take  said  oath 
again  : 

Provided,  always,  When  any  person,  chosen  or 
appointed  as  aforesaid,  shall  be  of  the  denomination 
called  Quakers,  or  shall  be  scrupulous  of  swearing, 
and  shall  decline  taking  the  said  oath.s,  .such  person 
shall  take  and  subscribe  them,  omitting  the  word 
"  swear,"  and  likewise  the  words,  "  So  help  me  God," 
subjoining  instead  thereof,  "This  I  do  under  the 
pains  and  penalties  of  perjury."  jV.  //.,  409. 
— And  the  oaths  or  affirmation  shall  be  taken  and 
subscribed  by  the  Governor,  before  the  President  of 
the  Senate,  in  presence  of  botli  Houses  of  the  Legis- 
lature, and  by  the  Senators  and  Representatives  first 
elacted  under  this  Constitution,  as  altered  and  amended, 
before  the  President  of  the  State  and  a  majority  of 
the  Council  then  in  office,  and  forever  afterward  before 
the  Governor  and  Council  for  the  time  being; 
and  by  all  other  officers,  before  such  persons  and  in 
such  manner  as  the  Legislature  shall  from  time  to 
time  appoint.     N.  £[.,  409. 

— And  members  elect  of  the  Senate  or  General  Assem- 
bly are  hereby  empowered  to  administer  to  each 
other  the  said  oath  or  affirmation.  N.  J.,  415. 
— The  Govei'uor  elect  shall  enter  on  the  duties  of  the 
office  on  the  first  day  of  January  next  after  his  elec- 
tion, having  previously  taken  the  oaths  of  office  in 
presence  of  the  members  of  both  branches  of  the 
General  Assembl}',  or  before  the  Chief  Justice  of  the 
Supreme   Court,  who,  in  case  the  Governor  elect 


should  be  prevented  from  attendance  before  the  Gen- 
eral Assembly,  by  sickness  or  other  unavoidable  cause, 
is  authorized  to  administer  the  .same.  N'.  C,  429. 
— That  every  person  who  shall  be  chosen  a  member 
of  the  Senate  or  House  of  Commons,  or  appointed  to 
any  office  or  place  of  trust,  before  taking  his  seat,  or 
entering  upon  the  execution  of  his  office,  shall  take 
an  oath  to  the  State ;  and  all  officers  shall  take  an 
oath  of  office.     N.  C,  424. 

— And  such  oath  may  be  administered  by  the  Gov- 
ernor, Secretary  of  State,  or  a  Judge  of  the  Supreme 
Court.      Or.,  452. 

— Every  Judge  of  the  Supreme  Court,  before  enter- 
ing upon  the  duties  of  his  office,  shall  take  and  sub- 
scribe, and  transmit  to  the  Secretary  of  State  the 
following  oath : 

"I ,  do  solemnly  swear  (or  affirm)  that 

I  will  support  the  Constitution  of  th"  United  States 
and  the  Constitution  of  the  State  of  Oregon,  and  that 
I  will  faithfully  and  impartially  discharge  the  duties 
of  a  Judge  of  the  Supreme  and  Circuit  Courts  of  said 
State  according  to  the  best  of  my  ability,  and  that  I 
will  not  accept  any  other  office  except  judicial  offices 
during  the  term  for  which  1  have  been  elected.  Or., 
455. 

— Members  of  the  General  Assembly,  and-  officers 
executive  and  judicial,  shall  be  bound  by  oath  or 
affirmation  to  support  the  Constitution  of  this  Com- 
monwealth, and  to  perform  the  duties  of  their 
respective  offices  with  fidelity.  Pa.,  467. 
-  All  general  officers  shall  take  the  following  engage- 
ment before  they  act  in  their  respective  offices,  to 
wit:  li.  I.,  479. 

You,  ,  being  by  the  free  vote  of  the 

electors  of  this  State  of  Rhode  Island  and  Providence 
Plantations,  elected  unto  the  place  of  do 

solemnly  swear  (or  affirm)  to  be  true  and  faithful 
unto  this  State,  and  to  support  the  Constitutions  of 
this  State  and  of  the  United  States ;  that  you  will 
faithfully  and  impartially  discharge  all  the  duties  of 
your  aforesaid  office  to  the  best  of  your  abilities, 
according  to  law ;  so  help  your  God.     R.  I.,  479. 

Or,  this  affirmation  you  make  and  give  upon  the 
perils  of  the  penalty  of  perjury.  Ji.  I.,  479. 
— The  oath  or  affirmation  shall  be  adnjinistered  to 
the  Governor,  Lieutenant-Governor,  Senators  and 
Representatives,  by  the  Secretary  of  State,  or,  in  his 
absence,  by  the  Attorney-General.  The  Secretary 
of  State,  Attorney-General  and  General  Treasurer, 
shall  be  engaged  by  the  Governor,  or  by  a  Justice  of 
the  Supreme  Court.  R.  I.,  479. 
— The  members  of  the  General  Assembly,  the  Judges 
of  all  the  Courts,  and  all  other  officers,  both  civil  and 
military,  shall  be  bound  by  oath  or  affirmation  to 
.support  this  Constitution,  and  the  Constitution  of  the 
United  States.     R.  I.,  479. 

— The  Governor  and  the  Lieutenant-Governor,  beforo 
entering  upon  the  duties  of  their  respective  offices, 
shall,  in  the  presence  of  the  General  Assembly,  take 
the  oath  of  office  prescribed  in  this  Constitution. 
S.  a,  486. 

— AH  persons  who  shall  be  elected  or  appointed  to 
any  office  of  profit  or  trust,  before  entering  on  the 
execution  thereof,  shall  take,  beside  special  oaths,  not 
repugnant  to  this  Constitution,  prescribed  by  the 
General  Assembly,  the  following  oath:  "I  do  swear 
(or  affirm)  that  I  am  duly  qualified,  according  to  the 
Constitution  of  this  State,  to  exercise  the  office  to 
which  I  have  been  appointed,  and  that  I  will,  to  the 
best  of  my  ability,  discharge  the  duties  thereof,  and 
preserve,  protect  and  defend  the  Constitution  of  this 
State,  and  that  of  the  United  States.  So  help  me 
God."     S.  C,  487. 

— I  solemnly  swear  that  I  will  henceforth  support  the 
Constitution  of  the  United  States  and  defend  it 
against  the  assaults  of  all  its  enemies ;  that  I  am  an 
active  friend  of  the  government  of  the  United  States; 
and  the  enemy  of  the  so-called  Confederate  States ;  that 
I  ardently  desire  the  suppression  of  the  pre.sent  rebel- 
lion against  the  government  of  the  United  States; 
that  I  sincerely  rejoice  in  the  triumph  of  the  armies 
and  navies  of  the  United  States,  and  in  the  defeat  and 


208 


overthrow  of  the  armies,  navies,  and  of  all  armed 
combinations  in  the  so-called  Confederate  States; 
that  I  will  cordially  oppose  all  armistices  or  negotia- 
tions for  peace  with  rebels  in  arms,  until  the  Con- 
stitution ot  the  United  States,  and  all  laws  and 
proclamations  made  in  pursuance  thereof,  shall  be 
established  over  all  the  people  of  every  State  and 
Territory  embraced  within  the  National  Union;  and 
that  I  will  heartily  aid  and  assist  the  loyal  people  in 
whatever  measures  may  be  adopted  for  the  attain- 
ment of  those  ends;  and  further,  that  I  take  this 
oath  freely  and  voluntarily  and  without  mental  reser- 
vation. So  help  me  God.  Tenn.,  504. 
— Each  member  of  the  Senate  and  House  of  Repre- 
sentatives shall,  before  they  proceed  to  business,  take 
an  oath  or  affirmation  to  sujjport  the  Constitution  of 
this  State,  and  of  the  United  States,  and  also  the  fol- 
lowing  oath:    "I,   ,    do  solemnly   swear  (or 

affirm),  that,  as  a  member  of  this  General  Assembly, 
I  will,  in  all  appointments,  vote  without  favor,  affec- 
tion, partiality  or  prejudice ;  and  that  I  will  not  pro- 
pose or  assent  to  any  bill,  vote  or  resolution  which 
shall  appear  to  me  injurious  to  the  people,  or  consent 
to  any  act  or  thing  whatever  that  shall  have  a  ten- 
dency to  lessen  or  abridge  their  rights  and  privileges, 
as  declared  by  the  Constitution  of  this  State.  Tenn.,  498. 
— The  Representatives  having  met  and  chosen  their 
Speaker  and  Clerk,  shall,  each  of  them,  before  they 
proceed  to  business,  take  and  subscribe,  as  well  the 
oath  or  affirmation  of  allegiance  hereinafter  directed 
(except  where  they  shall  produce  certificates  of  their 
having  heretofore  taken  and  subscribed  the  same),  as 
the  following  oath  or  affirmation,  viz. : 

"  You,  do  solemnly  swear  (or'afiirm) 

that  as  a  member  of  this  Assembly  you  will  not  pro- 
pose or  assent  to  any  bill,  vote,  or  resolution,  which 
shall  appear  to  you  injurious  to  the  people,  nor  do  or 
consent  to  any  act  or  thing  whatever,  that  shall  have 
a  tendency  to  lessen  or  abridge  their  rights  and  pri- 
vileges, as  declared  by  the  Constitution  of  this  State; 
but  will  in  all  things  conduct  yourselves  as  a  faithful, 
honest  Representative  and  guardian  of  the  people, 
according  to  the  best  of  your  judgment  and  abilities. 
(In  case  of  an  oath) — So  help  you  God,  (and  in  case 
of  an  affiimation)  under  the  pains  and  penalties  of 
perjury."      ^'t.,  524. 

"You  do  solemnly  swear  (or  affirm) 

that  you  will  be  true  and  faithful  to  the  State  of  Ver- 
mont, and  that  you  will  not,  directly  or  indirectly,  do 
any  act  or  thing  injurious  to  the  Constitution  or 
government  thereof,  as  established  by  Convention. 
(If  an  oath).  So  help  you  God,  (if  an  affirmation) 
under  the  pains  and  penalties  of  perjury."      Vt,  526. 

"  You  do  solemnly  swear  (or  affirm) 

that  you  will  faithfully  execute  the  office  of 
for  the  of  and  will 

therein  do  equal  right  and  justice  to  all  men,  to  the 
best  of  your  judgment  and  abilities  according  to  law. 
(If  an  oath).  So  help  you  God,  (if  an  affirmation) 
under  the  pains  and  penalties  of  perjury."  Vt.,  526. 
— Every  person  elected  or  appointed  to  any  office  or 
trust,  civil  or  military,  shall,  before  proceeding  to 
exercise  the  authority  or  discharge  the  duties  of  the 
same,  make  oath  or  affirmation  that  he  will  support 
the  Constitution  of  the  United  States,  and  the  Con- 
stitution of  this  State ;  and  every  citizen  of  this  State 
may,  in  time  of  war,  insurrection,  or  public  danger, 
be  required  by  law  to  make  like  oath  or  affirmation, 
upon  pain  of  suspension  of  his  right  of  voting  and 
holding  office  under  this  Constitution.  TF.  Va.,  548. 
— Members  of  the  Legislature  and  all  officers,  execu- 
tive and  judicial,  except  such  inferior  officers  as  may 
be  by  law  exempted,  shall,  before  they  enter  upon 
the  duties  of  their  respective  offices,  take  and  sub- 
scribe an  oath  or  affirmation  to  support  the  Constitu- 
tion of  the  United  States,  and  the  Constitution  of 
the  State  of  Wisconsin,  and  faithfully  to  discharge 
the  duties  of  their  respective  offices  to  the  best  of 
their  ability.      Wii.,  563. 

— The  oath  of  office  may  be  administered  by  any 
Judge  or  Justice  of  the  Peace,  until  the  Legislature 
shall  otherwise  direct.      Wis.,  575. 


— That  the  oaths  of  office  herein  required  to  be  taken 
may  be  administered  by  a  Justice  of  the  Peace  until 
otlierwise  provided  for  by  law.  Ill,  167. 
— No  person  shall  assume  the  duties  of  any  State, 
county,  city,  town  or  other  office,  to  which  he  may 
be  appointed,  otherwise  than  by  a  voteof  the  people; 
nor  shall  any  person,  af\cr  the  expiration  of  si.\ty 
days  after  this  Constitution  takes  effect,  be  permitted 
to  practice  as  an  attorney  or  counselor-at-law  ;  nor, 
after  that  time,  shall  any  person  be  competent  as  a 
bishop,  priest,  deacon,  minister,  elder  or  other  clergy- 
man of  any  religious  persua.sion,  sect  or  denomination, 
to  teach  or  preach,  or  solemnize  marriages,  unless 
such  person  shall  have  first  taken,  subscribed  and 
filed  said  oath  [of  allegiance  to  the  United  States 
and  State.]     Mo.,  350. 

— In  addition  to  the  oath  of  loyalty  aforesaid,  every 
person  who  may  be  elected  or  appointed  to  any  office 
shall,  before  entering  upon  its  duties,  take  and  sub- 
scribe an  oath  or  affirmation  that  he  will,  to  ihe  best 
of  his  skill  and  ability,  diligently  and  faithfully,  with- 
out partiality  or  prejudice,  discharge  the  duties  of 
such  office  according  to  the  Constitution  and  laws  of 
this  State.    Mo.,  350. 

— Whoever  shall,  after  the  times  limited  in  the  seventh 
and  ninth  sections  of  this  article,  hold  or  exercise  any 
of  the  offices,  positions,  trusts,  professions,  or  func- 
tions therein  specified,  without  having  taken,  sub- 
scribed, and  filed  said  oatli  of  loyalty,  shall,  on 
conviction  thereof,  be  imnislied  by  fine,  not  less  than 
five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  six  months,  or  by  both  such  fine  and 
imprisonment;  and  whoever  shall  take  said  oath 
falsely,  by  swearing  or  by  affirmation,  shall,  on  con- 
viction thereof,  be  adjudged  guilty  of  perjury,  and  be 
punished  by  imprisonment  in  the  penitentiary  not 
less  than  two  years.     Mo.,  3o0. 

— Every  person  holding  any  office  of  trust  or  profit 
under  the  late  Constitution,  or  under  any  law  of  this 
State,  and  who  shall  be  continued  in  office  under 
this  Constitution,  or  under  any  law  of  this  State,  shall 
within  thirty  days  after  this  Constitution  shall  have 
gone  into  effect  take  and  subscribe  the  oath  or  affir- 
mation s";!  forth  in  the  .seventh  section  of  this  article, 
and  if  any  such  person  shall  fail  to  take  said  oath  his 
office  shall  be  ipso  facto  vacant.  And  every  jierson 
hereafter  electe<l  or  appointed  to  office  in  this  State, 
who  shall  refuse  or  neglect  to  take  the  oath  or  affirma- 
tion of  office  provided  for  in  the  said  seventh  .section 
of  tliis  article  shall  be  considered  as  having  refused  to 
accept  the  said  office,  and  a  new  election  or  appoint- 
ment shall  be  made  as  in  case  of  refusal  to  accept  or 
resignation  of  an  office.  And  any  person  swearing 
or  affirming  falsely  in  the  premises  shall,  on  convic- 
tion thereof  in  a  court  of  law,  incur  the  penalties  for 
willful  and  corrupt  perjury,  and  thereafter  shall  be 
incapable  of  holding  any  office  of  profit  or  trust  in 
this  State.     Md.,  258. 

— Every  person  elected  or  appointed  to  any  office  of 
trust  or  profit  under  this  Constitution,  or  under  the 
laws  made  pursuant  thereto,  before  he  shall  enter 
upon  the  duties  of  such  office,  shall  take  and  subscribe 

the  following  oath  or  affirmation  :    I, ,  do  swear, 

(or  affirm,  as  the  case  may  be)  that  I  will,  to  the  best 
of  my  skill  and  judgment,  diligently  and  faithfully, 
without  partiality  or  prejudice,  execute  the  office  of 

.  according  to  the  Constitution  and  laws  of  this 

State,  and  that  since  the  fourth  day  of  July,  in  the 
year  eighteen  hundred  and  fifty-one,  I  have  not  in 
any  manner  violated  the  provisions  of  the  present,  or 
of  the  late  Constitution,  in  relation  to  the  bribery  of 
voters,  or  preventing  legal  votes  or  procuring  illegal 
votes  to  be  given  (and  if  a  Governor,  Senator,  mem- 
ber of  the  House  of  Delegates,  or  Judge),  that  I  will 
not,  directly  or  indirectly,  receive  the  profits  or  any 
part  of  the  profits  of  any  other  office  during  the  term 

of  my  acting  as .     I  do  further  swear  or  affirm 

that  I  will  bear  true  allegiance  to  the  State  of  Mary- 
land and  support  the  Constitution  and  laws  thereof, 
and  that  I  will  bear  true  allegiance  to  the  United 
State.'',  and  support,  protect  and  defend  the  Consti- 
tution, laws  and  government  thereof,  as  the  supreme 


2()i) 


ARTICLE  XIII. 

1  Section  1.  Any  amendment  or  amendments  to  this  Constitution  may  be 

2  proposed  in  the  Senate  and  Assembly ;  and  if  the  same  shall  be  agreed  to  by 

3  a  majority  of  the  members  elected  to  each  of  the  two  Houses,  such  proposed 

4  amendment  or  amendments  shall  be  entered  ou  their  journals  with  the  yeas 

5  and  nays  taken  thereon,  aud  referred  to  the  Legislature  to  be  chosen  at  the 

6  next  general  election  of  Senators,  and  shall  be  published  for  three  months 

7  previous  to  the  time  of  making  such  choice,  and  if  in  the  Legislature  so  next 

8  chosen  as  aforesaid,  such  proposed  amendment  or  amendments  shall  be  agreed 

9  to  by  a  majority  of  all  the  members  elected  to  each  House,  then  it  shall  be  the 

10  duty  of  the  Legislature  to  submit  such  proposed  amendment  or  amendments 

11  to  the  people,  in  such  manner  and  at  such  time  as  the  Legislature  shall  pre- 

12  scribe  ;  aud  if  the  people  shall  approve  and  ratify  such  amendment  or  amend- 

13  ments,  by  a  majority  of  the  electors  qualified  to  vote  for  members  of  the 

14  Legislature  voting  thereon,  such  amendment  or  amendments  shall  become  part 


15  of  the  Constitution. 

law  of  the  land,  any  law  or  ordinance  of  tliis  or  any 
State  to  the  contrary  notwithstanding ;  that  I  have 
never  directly  or  indirectly,  by  word,  act  or  deed, 
given  any  aid,  comfort  or  encouragement  to  those  in 
rebellion  against  the  United  States  or  the  lawful 
authorities  thereof,  but  that  I  have  been  truly  and 
loyally  on  the  side  of  the  United  States  against  those 
in  armed  rebellion  against  the  United  States ;  and  I 
do  further  swear  (or  aOirm)  that  I  will  to  the  best  of 
ray  abilities  protect  and  defend  the  Union  of  the 
United  States,  and  not  allow  the  same  to  be  broken 
'  up  and  dissolved,  or  the  government  thereof  to  be 
destroyed,  under  any  circumstances,  if  in  my  power 
to  prevent  it,  and  that  I  will  at  all  times  discounte- 
nance and  oppose  all  political  combinations  having 
for  their  object  such  dissolution  or  destruction.  Md., 
258. 


VOTE   ON   ADOPTION    OF    THE  CONSTITU- 
TION. 

[Extended  and  minute  provisions  made  for  holding 
the  election  ou  the  adoption  of  the  Constitution.] 
Arh.,  94 ;  Cal,  105 ;  Inwa,  195 ;  Mich.,  317  ;  Mo., 
363;  Neb.,  378;  Nev.,  397;  Tenn.,  500;  Wu.,  572. 

— Every  citizen  of  declared  a  legal  voter  by 

this  Constitution,  and  every  citizen  of  the  United 
States,  a  resident  of  this  State  on  the  day  of  election, 
shall  be  entitled  to  vote  at  the  first  general  election 
under  this  Constitution,  and  on  the  question  of  the 
adoption  thereof     Cah,  105. 

— If  this  Constitution  shall  be  ratified  by  the  people 
of ,  the  Executive  of  the  existing  govern- 
ment is  hereby  requested  immediately  after  the  same 
shall  be  ascertained,  in  the  manner  herein  directed,  to 
<!ause  a  fair  copy  thereof  to  be  forwarded  to  the  Pres- 
ident of  the  United  States,  iu  order  that  he  may  lay 
it  before  the  Congress  of  the  United  States.  Cal, 
106. 

— On  the  organization  of  the  Legislature  it  shall  be 
the  duty  of  the  Secretary  of  State  to  lay  before  each 

5a 


House  a  copy  of  the  abstract  made  by  the  Board  of 
Canvassers,  and  if  called  for,  the  original  returns  of 
election,  in  order  that  each  House  may  judge  of  the 
correctness  of  the  report  of  said  Board  of  Canvassers 
Cal,  106. 

— That  this  Constitution  shall  be  submitted  to  the 
people  for  their  adoption  or  rejection  at  an  election 
to  be  held  on  the  ,  and  there 

shall  also  be  submitted  for  adoption  or  rejection  at 
the  same  time,  the  separate  articles  in  relation  to  the 
emigration  of  colored  persons  and  the  public  debt 
III,  107. 

— That  every  person  entitled  to  vote  for  members  of 
the  General  Assembly,  by  the  Constitution  and  laws 
now  in  force,  shall  on  the  be 

entitled  to  vote  for  the  adoption  or  rejection  of  this 
Constitution,  and  for  and  against  the  aforesaid 
articles  separately  submitted,  and  the  said  qualified 
electors  shall  vote  in  the  counties  in  which  they 
respectively  reside,  at  the  usual  places  of  voting,  and 
not  elsewhere ;  and  the  said  election  shall  be  con- 
ducted according  to  the  laws  now  in  force  in  relation 
to  the  election  of  Governor,  so  far  as  applicable 
except  as  herein  otherwise  provided.  Ill,  168. 
— That  the  returns  of  the  votes  for  the  adoption  or 
rejection  of  this  Constitution,  and  far  and  against  the 
separate  articles  submitted  shall  be  made  to  the  Sec- 
retary of  the  State  within  fifty  days  after  the  election 
and  the  returns  of  the  votes  shall,  within  five  days 
thereafter,  be  examined  and  canvassed  by  the  Audi- 
tor, Treasurer,  and  Secretary  of  State,  or  any  two  of 
them,  in  the  presence  of  the  Governor,  and  proclama- 
tion shall  be  made  by  the  Governor  forthwith  of  the 
result  of  the  polls.  If  it  shall  appear  that  a  majority 
of  all  the  votes  polled  are  for  the  adoption  of  this' 
Constitution,  it  shall  be  the  supreme  law  of  the  land 
from  and  after  the  first  day  of  April,  A.  D.  1848  but 
if  it  shall  appear  that  a  majority  of  the  votes  polled 
were  given  against  the  Constitution,  it  shall  be  null 
and  void.  If  it  shall  further  appear  that  a  majority 
of  the  votes  polled  shall  have  been  given  for  the  sepa- 
rate  article  in  relation  to  colored   persons,  or  the 


210 


article  for  the  two  mill  tax,  then  said  article  or  articles 
shall  be  and  form  a  part  of  this  Constitution,  other- 
wise said  article  or  articles  shall  be  null  and  void. 
Ill,  168. 

— No  article  or  section  of  this  Constitution  shall  be 
submitted  as  a  distinct  proposition  to  a  vote  of  the 
electors,  otherwise  than  is  herein  provided.  Iml., 
182. 

— Each  elector  shall  express  his  assent  or  dissent  by 
voting  a  written  or  printed  ballot  labelled  "  For  the 
Constitution,"  or  ''Against  the  Constitution."  Kan., 
207. 

— If  a  majority  of  all  the  votes  cast  at  such  election 
shall  be  in  favor  of  the  Constitution,  then  there  shall 
be  an  election  held  in  the  several  voting  precincts  on 
the  first  Tuesday  in  December,  A.  D.  1859,  for  the 
election  of  members  of  the  first  Legislature,  of  all 
State,  district,  and  county  officers  provided  for  in  this 
Constitution,  and  for  a  Representative  in  Congress. 
Kan.,  207. 

— All  persons  having  the  qualifications  of  electors, 
according  to  the  provisions  of  this  Constitution,  at  the 
date  of  each  of  said  elections,  and  who  shall  have 
been  duly  registered  according  to  the  provisions  of 
the  registry  law  of  this  Territory,  and  none  othei's, 
shall  be  entitled  to  vote  at  each  of  said  elections. 
Kan.,  207. 

— The  persons  who  may  be  judges  of  the  several 
voting  precincts  of  this  Territory  at  the  date  of  the 
respective  elections  in  this  schedule  provided  for,  shall 
be  the  judges  of  the  respective  elections  herein  pro- 
vided for.     A'rtn.,  207. 

— That  "article  XI,"  entitled  "Commons,"  is  hereby 
adopted  as  a  part  of  the  Constitution  of  this  State, 
without  being  submitted  to  be  voted  upon  by  the 
people.     111.,  167. 

—Immediately  after  the  adjournment  of  the  Conven- 
tion, the  Governor  shall  issue  his  proclamation  di- 
recting the  several  officers  of  this  State,  authorized 
by  law  to  hold  elections,  or  in  default  thereof  such 
officers  as  he  shall  designate,  to  open  and  hold  polls 
in  the  several  parishes  of  the  State,  at  the  places  des- 
ignated by  law,  on  the  first  Monday  of  September, 
1864,  for  the  purpose  of  taking  the  sense  of  the  good 
people  of  this  State  in  regard  to  the  adoption  or  le- 
jection  of  this  Constitution ;  and  it  shall  be  the  duty 
of  said  officers  to  receive  the  suffrages  of  all  quali- 
fied voters.  Each  voter  shall  express  his  opinion  by 
depositing  in  the  ballot-box  a  ticket  whereon  shall 
be  written  "The  Constitution  accepted,"  or,  "The 
Constitution  rejected."  At  the  conclusion  of  the 
said  election,  the  officers  and  commissioners  ap- 
pointed to  preside  over  the  same  shall  carefully  ex- 
amine and  count  each  ballot  as  deposited,  and  shall 
forthwith  make  due  return  thereof  to  the  Secretary 
of  State,  in  conformity  to  the  provisions  of  law  and 
usages  in  regard  to  elections.  La.,  237. 
— Upon  the  receipt  of  said  returns,  or  on  the  third 
Monday  of  September,  if  the  returns  be  not  sooner 
received,  it  shall  be  the  duty  of  the  Governor,  the 
Secretary  of  State,  the  Attorney-General  and  the 
State  Treasurer,  in  the  presence  of  all  such  persons  as 
may  choose  to  attend,  to  compare  the  votes  at  the 
said  election  for  the  ratification  or  rejection  of  this 
Constitution,  and  if  it  shall  appear  at  the  close,  that 
a  majority  of  all  the  votes  given  is  for  ratifying  this 
Constitution,  then  it  shall  be  the  duty  of  the  Gov- 
ernor to  make  proclamation  of  the  fact,  and  thence- 
forth this  Constitution  shall  be  ordained  and 
estabhshed  as  the  Constitution  of  the  State  of  Lou- 
isiana. But  whether  this  Constitution  be  accepted  or 
rejected,  it  shall  be  the  duty  of  the  Governor  to 
cause  to  be  published  the  result  of  the  polls,  showing 
the  number  of  votes  cast  in  each  parish  for  and 
against  this  Constitution.  La.,  237. 
— The  canvass  of  the  votes  cast  for  the  adoption  or 
rejection  of  this  Constitution,  and  the  provision  in 
relation  to  the  elective  franchise  separately  submitted, 
and  the  returns  thereof  shall  be  made  by  the  proper 
canvassing  officers,  in  the  same  manner  as  now  pro- 
vided by  law  for  the  canvass  and  return  of  the  votes 
cast   at   an   election   for  Governor,   as  near  as  may 


be,  and  the  return  thereof  shall  be  directed  to  the 
Secretary  of  State.     On  the  ,  or 

within  five  days  thereafter,  the  Auditor-General, 
State  Treasurer,  and  Secretary  of  State,  shall  meet  at 
the  Capitol,  and  proceed,  in  the  presence  of  the 
Governor,  to  examine  and  canvass  the  returns  of  the 
said  votes,  and  proclamation  shall  forthwith  be  made 
by  the  Governor  of  the  result  thereof  If  it  shall 
appear  that  a  majority  of  the  votes  cast  upon  the 
question  have  thereon  "  Adoption  of  the  Constitution 
— yes,"  this  Constitution  shall  be  the  supreme  law  of 
the  State  from  and  after  the  first  day  of  January,  one 
thousand  eight  hundred  and  fifty-one,  except  as  is 
herein  otherwise  provided ;  but  if  a  majority  of  the 
votes  cast  upon  the  question  have  thereon  "  Adop- 
tion of  the  Constitution — no,"  the  same  shall  be  null 
and  void.     Mich.,  317. 

— At  the  next  general  election,  and  at  the  same  time 
when  the  votes  of  the  electors  shall  be  taken  for  the 
adoption  or  rejection  of  this  Constitution,  an  addi- 
tional amendment  to  section  one  of  article  seven,  in 
the  words  following : 

"  Every  colored  male  inhabitant  possessing  the 
qualifications  required  liy  the  first  section  of  the 
second  article  of  the  Constitution,  shall  have  the  rights 
and  privileges  of  an  elector."  Mich.,  318. 
— This  Constitution  shall  be  submitted  to  the  people 
for  their  adoption  or, rejection,  at  the  general  election 
to  be  held  on  the ,  and  there  shall  also  be  sub- 
mitted for  adoption  or  rejection,  at  the  same  time, 
the  separate  resolution  in  relation  to  the  elective  fran- 
chise ;  and  it  shall  be  the  duty  of  the  Secretary  of 
State,  and  all  other  officers  required  to  give  or  pub- 
lish any  notice  in  regard  to  the  said  general  election, 
to  give  notice,  as  provided  by  law  in  case  of  an  elec- 
tion of  Governor,  that  this.  Constitution  has  been 
duly  submitted  to  the  electors  at  said  election.  Every 
newspaper  within  this  State  publi.shing,  in  the  month 
of  September  next;  this  Constitution  as  submitted, 
shall  receive,  as  compensation  therefor,  the  sum  of 
twenty-five  dollars,  to  be  paid  as  the  Legislature  shall 
direct.     Mich.,  317. 

— Shall  be  separately  submitted  to  the  electors  of 
this  State  for  their  adoption  or  rejection,  in  form 
following,  to  wit:  A  separate  ballot  may  be  given  by 
every  person  having  the  right  to  vote  for  the  revised 
Constitution,  to  be  deposited  in  a  separate  box. 
Upon  the  ballots  given  for  the  adoption  of  the  said 
separate  amendment  shall  be  written  or  printed,  or 
partly  written  and  partly  printed,  the  words  '"Equal 
suffrage  to  colored  persons?  Yes;"  and  upon  all 
ballots  given  against  the  adoption  of  the  said  sepa- 
rate amendment,  in  like  manner,  the  words  "Equal 
suft'rage  to  colored  persons  ?  No."  And  on  such  bal- 
lots shall  be  written  or  printed,  or  partly  written  and 
partly  printed,  the  words  "  Constitution  :  Suffrage," 
in  such  manner  that  such  words  shall  appear  on  the 
outer  side  of  such  ballot  when  folded.  If,  at  said 
election,  a  majority  of  all  the  votes  given  for  and 
against  the  said  separate  amendment  shall  contain 
the  words  "Equal  suffrage  to  colored  persons? 
Yes,"  then  there  shall  be  inserted  in  the  first  section 
of  the  article,  between  the  words  "  tribe  and  shall," 
these  words,  "and  every  colored  male  inhabitant," 
anything  in  the  Constitution  to  the  contrary  not- 
withstanding.    Mich.,  318. 

— Any  person  entitled  to  vote  for  members  of  the 
Legislature,  by  the  Constitution  and  laws  now  in 
force,  shall,  at  the  said  election,  be  entitled  to  vote 
for  the  adoption  or  rejection  of  this  Constitution,  and 
for  or  against  the  resolution  separately  submitted,  at 
the  places  and  in  the  manner  provided  by  law  for  the 
election  of  members  of  the  Legislature.  Mich.,  317. 
— At  the  said  general  election  a  ballot  box  shall  be 
kept  by  the  several  boards  of  inspectors  thereof,  for 
receiving  the  votes  cast  for  or  against  the  adoption  of 
this  Constitution;  and  on  the  ballots  shall  bo  written 
or  printed,  or  partly  written  and  partly  printed,  the 
words,  "  Adoption  of  tlie  Constitution — yes,"  or 
"Adoption  of  the  Constitution — no."  Mich.,  317. 
— Upon  the  ,  an  election 

shall  be  held  for  members  of  the  House  of  Represent- 


211 


atives  of  the  United  States,  Grovernor,  Lieutenants 
Governor,  Supreme  and  District  Judges,  members  of 
the  Legislature,  and  all  other  ofTicers  designated  in 
this  Constitution,  and  also  for  the  submission  of  this 
Constitution  to  the  people,  for  their  adoption  or 
rejection.     Min.,  331. 

— Upon  the  day  so  designated  as  aforesaid,  every  free 
^yhite  male  inhabitant  over  the  age  of  twenty-one 
year.s,  who  shall  have  resided  within  tlie  limits  of  the 
State  for  ten  days  previous  to  the  day  of  said  election, 
may  vote  for  all  officers  to  be  elected  under  this  Con- 
stitution at  such  election,  and  also  for  or  against  the 
adoption  of  this  Constitution.  Minn.,  332. 
— The  returns  of  said  election  for  and  against  this 
Constitution,  and  for  all  State  officers  and  members 
of  the  House  of  Representatives  of  the  United  States, 
shall  be  made,  and  certificates  issued,  in  the  manner 
now  prescribed  by  law  for  returning  votes  given  for 
delegate  to  Congress,  and  the  returns  for  all  district 
officers,  judicial,  legislative  or  otherwise,  shall  be 
made  to  the  Register  of  Deeds  of  the  senior  county 
in  each  district,  in  the  manner  prescribed  by  law, 
except  as  otherwise  provided.  Tiie  returns  for  all 
officers  elected  at  large  shall  be  canvassed  by  the 
Governor  of  the  Territory,  assisted  by  Joseph  R. 
Brown  and  Thomas  J.  Galbraith,  at  the  time  desig- 
nated by  law  for  canvassing  the  vote  for  delegate  to 
Congress.     Minn.  332. 

— If,  upon  canvassing  the  votes  for  and  against  the 
adoption  of  this  Constitution,  it  shall  a[ipear  that 
there  has  been  polled  a  greater  number  of  votes 
against  than  for  it,  then  no  certifii;ates  of  election 
shall  be  issued  for  any  State  or  district  officer  pro- 
vided for  in  this  Constitution,  and  no  State  organiza- 
tion shall  have  validity  within  the  limits  of  the 
territory  until  otherwise  provided  for,  and  until  a 
Constitution  for  a  State  government  shall  have  been 
adopted  by  the  people.  Minn.,  332. 
— In  voting  for  or  against  the  adoption  of  this  Con- 
stitution, the  words '"  for  Constitution,"  or  "against 
Constitution,"  may  be  written  or  printed  on  the 
ticket  of  each  voter ;  but  no  voter  shall  vote  for  or 
against  this  Constitution  on  a  separate  ballot  from 
that  cast  by  him  for  officers  to  be  elected  at  said 
election  under  tliis  Constitution;  and  if,  upon  the 
canvass  of  the  vote  so  polled,  it  shall  appear  that 
there  was  a  greater  number  of  votes  polled  for  than 
against  said  Constitution,  then  this  Constitution  shall 
be  deemed  to  be  adopted  as  the  Constitution  of  the 
State  of  Minnesota;  and  all  the  provisions  and  obli- 
gations of  this  Constitution,  and  of  the  schedule 
hereunto  attached,  shall  thereafter  be  valid,  to  all 
intents  and  purposes,  as  the  Constitution  of  this  State. 
Min.,  .332. 

— The  preceding  parts  of  this  instrument  shall  not 
take  effect  unless  this  Constitution  bo  adopted  by  the 
people  at  the  election  to  be  held  as  hereinafter 
directed  ;  but  the  jirovisions  of  this  article  shall  be  in 
force  from  the  day  of  the  adoption  of  this  Constitu- 
tion by  the  Representatives  of  the  people  in  this 
Convention  assembled.  Mo..  363. 
—The  election  provided  for  in  the  next  preceding 
section  shall  be  by  ballot.  Those  ballots  in  favor  of 
the  Constitution  shall  have  written  or  printed  thereon 
the  words  "  New  Constitution — yes,"  these  against 
the  Constitution  shall  have  written  or  printed  thereon 
the  words  "New  Constitution — no."  Mo.,  3G3. 
— Each  ballot  deposited  for  the  adoption  or  rejection 
of  this  Constitution,  in  the  army  of  the  United  States, 
shall  have  distinctly  written  or  printed  thereon, 
"  Constitution,  Yes,"  or  "  Constitution,  No,''  or  words 
of  a  similar  import.     Nev.  397. 

— Be  it  ordained.  That  the  amendments  to  the  Consti- 
tution of  the  State,  adopted  by  this  Convention,  be 
submitted  by  the  Governor  to  the  people  on  the 
second  Monday  in  November  next,  thirty  days'  notice 
having  been  given,  and  that  the  polls  be  opened  by 
the  respective  Sheriffs,  and  kept  open  for  three  suc- 
cessive days,  at  the  several  election  precincts  in  each 
and  every  county  in  the  State,  under  the  same  rules 
and  regulations  as  now  exist  for  the  election  of  mem- 
bers to  the  General  Assembly.     That  the  said  Sheriffs 


be  required  to  compare  and  certify  the  results  of  the 
elections,  on  or  before  the  Monday  following,  and 
transmit  the  same  in  twenty  days  thereafter  to  the 
Governor  of  the  State.  Tliat  all  persons  qualilied  to 
vote  for  inembers  of  the  House  of  Commons,  may 
vote  for  or  against  a  ratification  of  the  amendments. 
Those  who  wish  a  ratification  of  the  amendments, 
voting  with  a  printed  or  written  ticket,  "Ratification," 
— those  of  a  contrary  opinion,  "Rejection."  ^V.  C., 
430. 

— The  foregoing  Constitution  shall  be  submitted  to 
the  electors  of  the  State,  at  an  election  to  be  held  on 
the  third  Tuesday  of  June,  one  thousand  eight  hun- 
dred and  fifty-one,  in  the  several  election  districts  of 
this  State.  The  ballots  at  such  election  shall  be  writ- 
ten or  printed  as  follows:  Those  in  favor  of  the 
Constitution,  "New  Constitution,  Yes;"  thoseagainst 
the  Constitution,  "  New  Constitution,  No."  Tho  polls 
at  the  said  election  shall  be  opened  between  the 
hours  of  eight  and  ten  o'clock  A.  M.,  and  closed  at 
six  o'clock  P.  M.;  and  tlie  said  election  shall  be  con- 
ducted, and  the  returns  thereof  made  and  certified  to 
the  Secretary  of  State,  as  provided  by  law  for  annual 
elections  of  State  and  county  officers.  Within  twenty 
days  after  such  election  the  Secretary  of  State  shaU 
open  the  returns  thereof  in  the  presence  of  the  Gov- 
ernor; and  if  it  shall  appear  that  a  majority  of  all 
the  votes  cast  at  such  election  are  in  favor  of  the  Con- 
stitution, the  Governor  shall  issue  his  proclamation, 
stating  that  fact,  and  said  Constitution  shall  be  the 
Constitution  of  the  State  of  Ohio,  and  not  otherwise 
Ohio,  445. 

— At  the  time  when  the  votes  of  the  electors  shall  be 
taken  for  the  adoption  or  rejection  of  this  Constitu- 
tion, the  additional  section,  in  the  words  following, 
to  wit:  "  No  license  to  traffic  in  intoxicating  liquors 
shall  hereafter  be  granted  in  this  State  ;  but  the  Gen- 
eral Assembly  may,  by  law,  provide  against  evils 
resulting  therefrom,"  shall  be  separately  submitted  to 
the  electors  for  adoption  or  rejection,  in  form  follow- 
ing, to  wit :  A  separate  ballot  may  be  given  by  every 
elector  and  deposited  in  a  separate  box.  Upon  the 
ballots  given  for  said  separate  amendment  shall  be 
written  or  printed,  or  partly  written  and  partly  printed, 
the  words:  "License  to  sell  intoxicating  liquors — 
Yes;"  and  upon  the  ballots  given  against  said  amend- 
ment, in  the  like  mannei-,  the  words:  "License  to 
.sell  intoxicating  liquors — No."  If,  at  the  said  elec- 
tion, a  majority  of  all  the  votes  given  for  and  against 
said  amendment  shall  contain  the  words:  "License 
to  sell  intoxicating  liquors — No,"  then  the  said  amend- 
ment shall  be  a  separate  section  of  article  fifleen  of 
the  Constitution.     Ohio,  445. 

— For  the  purpose  of  taking  the  vote  of  the  electors 
of  the  State  for  the  acceptance  or  rejection  of  this 

Constitution,  an  election  shall  be  held  on  the ,  to 

be  conducted  according  to  existing  laws  regulating 
the  election  of  Delegate  in  Congress,  so  far  as  appli- 
cable, except  as  herein  otherwise  provided.  Or.,  459. 
— If  a  majority  of  all  the  votes  given  for  and  against 
the  Constitution  shall  be  given  for  the  Constitution, 
then  this  Constitution  shall  be  deemed  to  be  apjDroved 
and  accepted  by  the  electors  of  the  State,  and  shall 
take  effect  accordingly ;  and  if  a  majority  of  such 
votes  shall  be  given  against  the  Constitution,  then 
this  Constitution  shall  be  deemed  to  be  rejected  by 
the  electors  of  the  State,  and  shall  be  void.  Or.,  459. 
— If  this  Constitution  shall  be  ratified,  an  election 
shall  be  held  on  the  first  Monday  in  June,  1858,  for 
the  election  of  members  of  the  Legislative  Assembly, 
a  Representative  in  Congres.s,  and  State  and  county 
officers;  and  the  Legislative  Assembly  shall  convene 
at  the  capital  the  first  Monday  of  July,  1858,  and 
proceed  to  elect  two  Senators  in  Congress,  and  make 
such  further  provisions  as  may  be  necessary  to  the 
complete  organization  of  a  State  government.  Or., 
460. 

— Each  elector  who  offers  to  vote  upon  this  Constitu- 
tion shall  be  asked  by  the  judges  of  election  this 
question : 
Do  you  vote  for  the  Constitution — yes  or  no  ? 
And  also  this  question  : 


212 


1  §2.  At  the  geueral  election  to  be  held  in  the  year  eighteen  hundred  and 

2  sixty-six,  and  in  each  twentieth  year  thereafter,  and  also  at  such  time  as  the 

3  Legislature  may  by  law  provide,  the  question,  "  Shall  there  be  a  Convention 

4  to  revise  the  Constitution  and  amend  the  same?"  shall  be  decided  by  the 

5  electors  qualified  to  vote  for  members  of  the  Legislature ;  and   in   case  a 
G  majority  of  the  electors  so  qualified,  voting  at  such  elections,  shall  decide  in 

7  favor  of  a  Convention  for  such  purpose,  the  Legislature  at  its  next  session, 

8  shall  provide  by  law  for  the  election  of  delegates  to  such  Convention. 


Do  you  vote  for  slavery  in  Oregon— yes  or  no? 
And  also  tliis  question  : 

Do  you  vote  for  free  negroes  in  Oregon — yes  or  no '! 
And  in  the  poll-books  shall  be  columns  headed, 
respectively,  " Uonstitution,  yes;"  Constitution,  no;" 
"Slavery,  yes;"  •'  Slavery,  no;"  "  Free  negroes,  yes;" 
"Free  negroes,  no."  And  the  names  of  electors 
shall  be  entered  in  the  poll-books,  together  with  their 
answers  to  the  said  questions  under  their  appropriate 
heads.  The  abstracts  of  the  votes  tran.smitted  to  the 
Secretary  of  the  Territory  shall  be  ])ul)licly  opened, 
and  canvassed  by  the  Governor  and  Secretary,  or  by 
either  of  them,  in  the  absence  of  the  other;  and  the 
Governor,  or,  in  his  absence,  the  Secretary,  shall 
forthwith  issue  his  ])roclaination.  and  publish  the 
same  in  the  several  newspapers  printed  in  this  State, 
declaring  the  result  of  the  said  election  upon  each  of 
said  questions.      Or.,  459. 

— It  shall  be  the  duty  of  said  returning  officers  in 
each  county  in  this  State,  to  prepare  poll  books,  which 
shall  be  opened  on  said  days  of  election,  and  in  which 
shall  bo  enrolled  the  name  of  each  voter  \)y  the  assist- 
ance of  clerks,  who  shall  be  appointed  and  sworn  as 
clerks  in  other  elections.  Said  oflicers  shall  prepare 
a  ballot  box.  in  which  shall  be  placed  the  ticket  of 
each  voter.  Each  ticket  shall  have  written  thereon 
the  words,  "  1  ratify  the  amended  Constitution ;  "  or 
if  the  voter  is  opposed  to  it,  "I  reject  the  amended 
Constitution :"  or  the  words  '•  Ratitication  "  or  "  Rejec- 
tion," or  some  such  words  as  will  distinctly  convey 
the  intention  of  the  voter.  The  justices  of  the  several 
County  Courts  in  this  State,  at  some  time  previous 
to  the  day  of  said  election,  shall  appoint  three  in.spect- 
ors  for  each  precinct ;  and  in  case  of  failure  of  the 
courts  to  appoint  inspectors,  then  said  returning  offi- 
cers shall  appoint  them.  It  shall  be  the  duty  of^  said 
returning  officers,  iu  presence  of  the  said  inspectors, 
to  count  the  votes  given  for  the  ratification  and  rejec- 
tion of  the  Constitution,  of  which  they  shall  keep  a 
true  and  correct  estimate  in  said  poll  book.  Said 
returning  officer  shall  deposit  the  original  poll  books 
of  said  election  with  the  Clerk  of  the  County  Court 
in  their  respective  counties,  and  shall,  within  five  days 
after  said  election,  make  out  duplicate  statements  of 
the  number  of  votes  in  their  respective  counties  for 
ratifying  and  rejecting  the  Constitution;  and  shall 
forward  by  mail  one  of  said  certificates  to  the  Gover- 
nor, one  to  the  Secretary  of  State,  and  shall  likewise 
deposit  one  with  the  Clerk  of  the  County  Court.  It 
shall  be  the  duty  of  said  several  clerks  carefully  to 
examine  the  said  poll  books,  and  forthwith  to  certify 
to  the  Secretary  of  State,  a  full,  true,  and  perfect 
statement  of  the  number  of  votes  taken  for  and  against 
the  Constitution,  as  appears  from  the  poll  books,  filed 
in  their  office.  Should  said  returning  officers,  or  any 
of  them,  fail  to  make  returns  in  due  time,  as  above 
directed,  the  Secretary  of  State  shall  then  be  author- 
ized to  dispatch  a  special  messenger  for  the  purpose 
of  obtaining  a  certified  copy  of  the  result  of  said  elec- 
tion.    Minn.,  500. 

— lie  it  furthei-  ordered.  That  if  any  SherifT  or  other 
acting  oiiicer  shall  fail,  within  the  time  prescribed  by 


this  ordinance,  to  dLseharge  any  of  the  duties  liereby 
required,  such  Sheritt'  or  other  returning  otlicer  so 
failing  as  aforesaid,  shall  forfeit  and  pay  the.  sum  of 
five  thousand  dollars,  to  be'  recovered  by  action  of 
debt  in  any  of  the  Courts  of  Record  in  this  State  ;  to 
be  sued  for  in  the  name  of  the  Governor,  for  the  use 
and  benefit  of  conmiou  schools.     Tenn.,  501. 

[Soldier's  vote  taken  in  camps.]  A>-k:,  94;  Mo., 
3G3  ;  iVec,  397 ;  Md.,  277. 

[In  the  Constitutions  of  xV.  1'.  (1777),  Ala.,  Ct, 
Del.,  FL,  Oa.,  Ky,  Miss..  ,S.  (1,  Te.r.  and  Va.,  there 
are  no  forms  prescribed  for  submitting  the  Constitu- 
tion to  a  vote,  although  in  some,  tlie  question  of  a 
Convention  is  thus  decided.] 


AMENDMENTS  TO  THE  CONSTITUTION. 

[The  mode  of  amendment  specified  iu  §  1,  ol  Art. 
XIII,  was  adopted  in  1821].  P.  43  ;  (nearly  similar) 
Cal,\03;  La.,  237;  X.  J..  420;  Or.,  4.59';  W.  Va., 
558;    Wis.,  570. 

— The  General  Assembly  may,  whenever  two-thirds 
of  each  House  shall  fleem  it  necessary,  propose 
amendments  to  this  Constitution ;  whicii  proposed 
amendments  shall  be  duly  publi.shed  in  print  (in  such 
manner  as  the  General  Assembly  may  direct),  at  least 
three  months  before  the  next  general  election  for 
Representatives,  for  the  consideration  of  the  people; 
and  it  shall  be  the  duty  of  the  several  returning 
officers,  at  the  ne.xt  ensuing  general  election  for  Rep- 
resentatives, to  open  a  poll  for  the  vote  of  the  quaUfied 
electors  on  the  proposed  amendments,  and  to  make  a 
return  of  said  vote  to  the  Secretary  of  State  ;  and  if 
it  shall  thereupmi  appear  that  a  majority  of  all  the 
qualified  electors  of  the  State,  who  voted  for  Repre- 
sentatives, voted  in  favor  of  the  proposed  amend- 
ments, and  tvi-o-thirds  of  eacli  house  of  the  next 
General  Assembly,  before  another  election,  shall 
ratify  sai  1  amendments,  each  house  voting  by  yeas 
and  nays,  said  amendments  shall  be  valid,  to  all 
intents  and  purpo.ses,  as  parts  of  this  Constitution. 
Provided,  that  said  proposed  amendments  shall,  at 
each  of  said  sessions  of  the  General  Assembly,  have 
been  read  three  times,  on  three  several  days,  in  each 
house.     Ala.,  82. 

-After  the  expiration  of  twelve  months  from  the  adop- 
tion of  this  Constitution,  no  Convention  shall  be  held 
for  the  purpose  of  altering  or  amending  the  Constitu- 
tion of  this  State,  unless  the  question  of  Convention 
or  no  Convention,  shall  be  first  submitted  to  a  vote 
of  the  qualified  electors  of  the  State,  and  approved  by 
a  majority  of  the  electors  voting  at  said  election. 
Ah.,  82. 

—The  General  Assembly  may,  at  any  time,  propose 
such  amendments  to  this  Constitution  as  two-thirds 
of  each  House  shall  deem  expedient,  which  shall  be 
published  in  all  the  newspapers  published  in  this 
State,  three  several  times,  at  least  twelve  months 
before  the  next  general  election ;  and  if,  at  the  first 
session  of  the  General  Assembly  after  such  general 
election,  two-thirds  of  each  House  shall,  by  yeas  and 


213 


nays,  ratify  sucli  proposed  ainenclments,  they  shall  be 
valid  to  all  intents  and  purposes  as  parts  of  this  Con- 
stitution :  Provided,  That  such  proposed  amendments 
shall  be  read  on  three  several  days  in  each  House,  as 
well  when  the  same  are  proposed  as  when  they  are 
finally  ratified.     Ark.,  88. 

— The  General  Assembly,  whenever  two-thirds  of 
each  House  shall  deem  it  necessary,  may,  with  the 
approbation  of  the  Governor,  propose  amendments 
to  this  Constitution,  and  at  least  three,  and  not  more 
than  six,  months  before  the  ne.xt  general  election  of 
Representatives,  duly  publish  them  in  print  for  the 
consideration  of  the  people ;  and  if  three-fourths  ot 
each  branch  of  the  Legislature  shall,  after  such  an 
election  and  before  another,  ratify  the  said  amend- 
ments, they  shall  be  valid  to  all  intents  and  purposes 
as  parts  of  this  Constitution.  No  Convention  shall 
be  called  but  by  the  authority  of  the  people ;  and  an 
unexceptionable  mode  of  making  their  sense  known 
will  be  for  them  at  a  special  election  on  the  third 
Tuesday  of  May  in  any  year,  to  vote  by  ballot  for  or 
against  a  Convention,  as  they  shall  severally  choose 
to  do  ;  and  if  thereupon  it  shall  appear  that  a  major- 
ity of  all  the  citizens  in  the  State,  having  right  to 
vote  for  Representatives,  have  voted  for  a  Conven- 
tion, the  General  Assembly  shall  accordingly  at  their 
next  session  call  a  Convention,  to  consist  of  at  least 
as  many  members  as  there  are  in  both  Houses  of  the 
Legislature,  to  be  cliosen  in  the  same  manner,  at  the 
same  places  and  at  the  same  time  that  Representa- 
tives, are  by  the  citizens  entitled  to  vote  for  Represen- 
tives,  on  due  notice  given  for  one  month,  and  to  meet 
within  three  montlis  after  they  shall  be  elected. 
The  majority  of  all  the  citizens  in  the  State  having 
right  to  vote  for  Representatives  shall  be  ascertained 
by  reference  to  the  highest  number  of  votes  cast  in 
the  State  at  any  one  of  the  three  general  elections, 
next  preceding  the  day  of  voting  for  a  Convention, 
except  when  they  may  be  less  than  the  whole  num- 
ber of  votes  voted  both  for  and  against  a  Convention, 
in  which  case  the  said  majority  shall  be  ascertained 
by  reference  to  the  number  of  votes  given  on  the 
day  of  voting  for  or  against  a  Convention  ;  and  when- 
ever the  General  Assembly  shall  deem  a  Convention 
necessary,  they  shall  provide  by  law  for  the  holding 
of  a  special  election  for  the  pm-pose  of  ascertaining 
the  sense  of  the  majority  of  the  citizens  of  the  State 
entitled  to  vote  for  Representatives.  Dd.,  12G. 
— And  if  at  any  time  two-thirds  of  the  Senate  and 
Assembly  shall  think  it  necessary  to  revise  and  change 
this  entire  Constitution,  they  shall  recommend  to  the 
electors,  at  the  next  election  for  members  of  the  Legis- 
lature, to  vote  for  or  against  the  Convention ;  and  if 
it  shall  appear  that  a  majority  of  the  electors  voting 
at  such  election  have  voted  in  favor  of  calling  a  Con- 
vention, the  Legislature  shall  at  its  next  session  pro- 
vide by  law  for  calling  a  Convention,  to  be  holden 
within  six  months  after  the  passage  of  such  law  ;  and 
such  Convention  shall  consist  of  a  number  of  mem- 
bers not  less  than  that  of  both  branches  of  the  Legis- 
lature.     Cal,  103. 

— Whenever  a  majority  of  the  House  of  Representa- 
tives shall  deem  it  necessary  to  alter  or  amend  this 
Constitution,  they  may  propose  si'ch  alterations  and 
amendments ;  which  proposed  amendments  shall  be 
continued  to  the  next  General  Assembly,  and  be 
■  published  with  the  laws  which  may  have  been  passed 
at  the  same  session  ;  and  if  two-thirds  of  each  House, 
at  the  next  session  of  said  Assembly,  shall  approve 
the  amendment  proposed,  by  yeas  and  nays,  said 
amendment  shall  by  the  Secretary  be  transmitted  to 
the  Town  Clerk  in  each  town  in  the  State,  whose 
duty  it  shall  be  to  present  the  same  to  the  inhabit- 
ants thereof  for  their  consideration,  at  a  town  meet- 
ing legally  warned  and  held  for  that  purpose ;  and  if 
it  shall  appear,  in  manner  to  be  provided  by  law, 
that  a  majority  of  the  electors  present  at  such  meet^ 
ings  shall  have  approved  such  amendments,  the  same 
shall  be  valid,  to  all  intents  and  purposes,  as  a  part 
of  this  Constitution.      Ct,  113. 

— No  part  of  this  Constitution  shall  be  altered  except 
by  a  Convention  duly  elected.     Fl,  139. 
54 


— Whenever  a  Convention  shall  be  calle<l,  proclama- 
tion of  an  election  for  Delegates  shall  be  made  by  the 
Governor  at  least  thirty  days  before  the  day  of  elec- 
tion. Every  county  and  Senatorial  District  shall  be 
entitled  to  as  many  Delegates  as  it  has  Representa- 
tives in  tlie  General  Assembly.  The  same  qualifica- 
tions shall  be  required  in  Delegates,  and  in  Electors, 
that  are  required  in  members  of  the  General  Assem- 
bly, and  voters  for  the  same  respectively,  and  the 
elections  for  Delegates  to  a  Convention,  and  the 
returns  of  such  election,  shall  be  held  and  made  in 
the  manner  prescribed  by  law  for  regulating  elections 
for  members  of  the  General  Assembly,  but  the  Con- 
vention shall  judge  of  the  qualifications  of  its  mem- 
bers.    Fl,  139. 

• — No  Convention  of  the  people  shall  be  called  unless 
by  the  concurrence  of  two-thirds  of  all  the  members 
of  each  House  of  the  General  Assembly,  made  known 
by  the  passing  of  a  bill,  which  shall  be  read  three 
times  on  three  several  days  in  each  House.  Fl.,  139. 
— This  Constitution  shall  be  altered  or  amended  only 
by  a  Convention  of  the  people,  called  for  that  pur- 
pose by  act  of  the  General  Assembly.  Ga.,  150. 
-■Whenever  two-thirds  of  all  the  members  elected  to 
each  branch  of  the  General  Assembly  shall  think  it 
necessary  to  alter  or  amend  this  Constitution,  they 
shall  recommend  to  the  electors  at  the  next  election 
of  members  of  the  General  As.sembly,  to  vote  for  or 
against  a  Convention ;  and  if  it  shall  appear  that  a 
majority  of  all  the  electors  of  the  State  voting  for 
Representatives  have  voted  for  a  Convention,  the 
General  Assembly  shall,  at  their  next  session,  call  a 
Convention  to  consist  of  as  many  members  as  the 
House  of  Representatives  at  the  time  of  making  said 
call,  to  be  chosen  in  the  same  manner,  at  the  same 
place,  and  by  the  same  electors,  in  the  same  districts 
that  chose  the  members  of  the  House  of  Representa- 
tives ;  and  which  Convention  shall  meet  within  three 
months  after  the  said  election,  for  the  purpose  of 
revising,  altering,  or  amending  this  Constitution. 
Ill,  1G.5;  (nearly  similar),  Min.,  329;  Ohio,  444. 
— Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  either  branch  of  the  General 
Assembly  ;  and  if  the  same  shall  be  agreed  to  by  two- 
thirds  of  all  the  members  elect  in  each  of  the  two 
Houses,  such  proposed  amendment  or  amendments 
shall  be  referred  to  the  next  regular  session  of  the 
General  Assembly,  and  shall  be  published  at  least 
three  months  previous  to  the  time  of  holding  the  next 
election  for  members  of  the  House  of  Representatives ; 
and  if,  at  the  next  regular  session  of  the  General 
Assembly  after  said  election,  a  majority  of  all  the 
members  elect  in  each  branch  of  the  General  Assem- 
bly shall  agree  to  said  amendment  or  amendments, 
then  it  shall  be  their  duty  to  submit  the  same  to  the 
people  at  the  next  general  election  for  their  adoption 
or  rejection,  in  such  manner  as  may  be  prescribed  by 
law ;  and  if  a  majority  of  all  the  electors  voting  at 
such  election  for  members  of  the  House  of  Represen- 
tatives shall  vote  for  such  amendment  or  amendments, 
the  same  shall  become  a  part  of  the  Constitution. 
But  the  General  Assembly  shall  not  have  power  to 
propose  an  amendment  or  amendments  to  more  than 
one  article  of  the  Constitution  at  the  same  session.' 
Ill,  165. 

- — Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  either  branch  of  the  General 
Assembly,  and  if  the  same  shall  be  agreed  to  by  a 
majority  of  the  members  elected  to  each  of  the  two 
Houses,  such  proposed  amendment  or  amendments 
shall,  with  the  yeas  and  nays  thereon,  be  entered 
on  their  journals,  and  referred  to  the  General  Assem- 
bly to  be  chosen  at  the  next  general  election ;  and  if, 
in  the  General  Assembly  so  next  chosen,  such  pro- 
posed amendment  or  amendments  shall  be  agreed  to 
by  a  majority  of  all  the  members  elected  to  each  House, 
then  it  shall  be  the  duty  of  the  General  Assembly  to 
submit  such  amendment  or  amendments  to  the  electors 
of  the  State ;  and  if  a  majority  of  said  electors  shall 
ratify  the  same,  such  amendment  or  amendments 
shall  become  a  part  of  this  Constitution.  Ind.,  181 ; 
(nearly  similar),  Iowa,  193;  JVev.,  392;  Pa.,  468. 


214 


— If  two  or  more  amendments  shall  be  submitted  at 
tlie  same  time,  tliey  shall  he  submitted  in  such  manner 
that  the  electors  shall  vote  for  or  against  each  of  such 
amendments  separately ;  and  while  an  amendment 
or  amendments  which  shall  liave  been  agreed  upon 
by  one  General  Assembly  shall  be  awaiting  the  action 
of  a  succeeding  General  Assembly,  or  of  the  electors, 
no  additional  amendment  or  amendments  shall  be 
proposed.  Iiid..  181 ;  Or.,  459. 
— At  the  general  election  to  be  held  in  the  year  one 
thousand  eight  hundred  and  seventy,  and  in  each 
tenth  year  thereafter,  and  also  at  such  time  as  the 
General  Assembly  maj',  by  law,  provide,  the  question, 
"  Shall  there  be  a  Convention  to  revise  the  Constitu- 
tion, and  amend  the  same?"  shall  be  decided  by  tlie 
electors  qualified  to  vote  for  members  of  the  General 
Assembly:  and  in  case  a  majority  of  the  electors  so 
qualified,  voting  at  such  election  for  and  against  such 
proposition,  shall  decide  in  favor  of  a  Convention  for 
such  purpose,  the  General  Assembly,  at  its  next  ses- 
sion shall  provide  by  law  for  the  election  of  delegates 
to  such  convention.     Iowa,  193. 

— If  two  or  more  amendments  shall  be  submitted  at 
the  same  time,  they  shall  be  submitted  in  such  man- 
ner that  the  electors  shall  vote  for  or  against  each 
of  such  amendments  separately.  loica,  193. 
— Propositions  for  the  amendment  of  this  Constitu- 
tion maj-  be  made  by  either  branch  of  the  Legislature ; 
and  if  two-thirds  of  all  the  members  elected  to  each 
House  shall  concur  therein,  such  proposed  amend- 
ments, together  with  the  yeas  and  nays,  shall  be 
entered  on  the  journal ;  and  the  Secretaiy  of  State 
shall  cause  the  same  to  be  published,  in  at  least  one 
newspaper  in  each  county  of  the  State  where  a  news- 
paper is  published,  for  three  months  preceding  the 
next  election  for  Representatives,  at  which  time  the 
same  shall  be  submitted  to  the  electors  for  their 
approval  or  rejection  ;  and  if  a  majority  of  the  elec- 
tors voting  on  said  amendments,  at  said  election,  shall 
adopt  the  amendment.s,  the  same  shall  become  a  part 
of  the  Constitution.  When  more  than  one  amend- 
ment shall  be  submitted  at  the  same  time,  they  shall 
be  so  submitted  as  to  enable  the  electors  to  vote  on 
each  amendment  separately  ;  and  not  more  than  three 
propositions  to  amend  shall  be  submitted  at  the  same 
election.     Kati.,  205. 

— Whenever  two-thirds  of  the  members  elected  to 
each  branch  of  the  Legislature  shall  think  it  necessary 
to  call  a  Convention  to  revise,  amend  or  change  this 
Constitution,  they  shall  recommend  to  the  electors  to 
vote  at  the  next  election  of  members  to  the  Legisla- 
ture, for  or  against  a  Convention ;  and  if  a  majority 
of  all  the  electors  voting  at  such  election  shall  have 
voted  for  a  Convention,  the  Legislature  shall,  at  the 
next  session,  provide  for  calling  the  same.  Kan., 
206. 

— When  experience  shall  point  out  the  necessity  of 
amending  this  Constitution,  and  when  a  majority  of 
all  the  members  elected  to  each  House  of  the  Gen- 
eral Assembly  shall,  within  the  first  twenty  daj-a  of 
any  regular  session,  concur  in  passing  a  law  for  tak- 
ing the  sense  of  the  good  people  of  this  Common- 
wealth, as  to  the  necessity  and  expediency  of  calling 
,1  convention,  it  shall  l)e  the  duty  of  the  several 
Sherifl's,  and  other  officers  of  elections,  at  the  next 
general  election  which  shall  be  held  for  Representa- 
tives to  the  General  Assembly,  alter  the  passage  of 
such  law,  to  open  a  poll  for,  and  make  return  to  the 
Secretary  of  State,  for  the  time  being,  of  the  names 
of  all  those  entitled  to  vote  for  Representatives,  who 
have  voted  for  calling  a  Convention;  and  if,  there- 
upon, it  shall  appear  that  a  majority  of  all  the  citizens 
of  this  State,  entitled  to  vote  for  Representatives, 
have  voted  for  calling  a  Convention,  the  General 
Assembly  shall,  at  their  next  regular  session,  direct 
that  a  similar  poll  shall  be  opened,  and  return  made 
for  the  next  election  for  Representatives;  and  if, 
thereupon,  it  shall  appear  that  a  majority  of  all  the 
citizens  of  this  State,  entitled  to  vote  for  Representa- 
tives, have  voted  for  calling  a  Convention,  the  Gen- 
eral Assembly  shall,  at  their  next  session,  pass  a  law 
calling  a  Convention,  to  consist  of  as  many  members 


as  there  .shall  be  in  the  House  of  Representatives, 
and  no  more;  to  lie  chosen  on  the  first  Monday  in 
August  thereafter,  in  the  same  manner  and  propor- 
tion, and  at  the  same  places,  and  pos.sessed  of  the 
same  qualifications  of  a  qualified  elector,  by  citizens 
entitled  to  vote  for  Representatives;  and  to  meet 
within  three  months  after  their  election,  tor  the  pur- 
pose of  re-adopting,  amending,  or  changing  this  Con- 
stitution ;  but  if  it  shall  appear  by  the  vote  of  either 
year,  as  aforesaid,  that  a  majority  of  all  the  citizens 
entitled  to  vote  for  Representatives  did  not  vote  for 
calling  a  Convention,  a  Convention  shall  not  then  be 
called.  And  for  the  purpose  of  ascertaining  whether 
a  majority  of  the  citizens,  entitled  to  vote  ibr  Repre- 
sentatives, did  or  did  not  vote  for  calling  a  Conven- 
tion, as  above,  the  General  Assembly  passing  the  law 
authorizing  such  vote,  shall  jirovide  for  ascertaining 
the  number  of  citizens  entitled  to  vote  for  Representa- 
tives within  the  State.  A'^.,  222. 
— The  Convention,  when  assembled,  shall  judge  of 
the  election  of  its  members  and  decide  contested 
elections,  but  the  General  As.serably  shall,  in  oaUinga 
Convention,  provide  for  taking  testimony  in  such 
cases  and  for  issuing  a  writ  of  election  in  case  of  a 
tie.     Ky.,  222. 

— The  Legislature,  whenever  two-thirds  of  both 
Houses  shall  deem  it  necessary,  may  propose  amend- 
ments to  this  Constitution;  and  when  any  amend- 
ment shall  be  so  agreed  upon,  a  resolution  shall  be 
passed  and  sent  to  the  selectmen  of  the  several  towns 
and  the  assessors  of  the  several  plantations,  empower- 
ing and  directing  them  to  notily  the  inhabitants  of 
their  respective  towns  and  plantations,  in  the  man- 
ner prescribed  by  law,  at  their  next  annual  meeting 
in  the  month  of  September,  to  give  in  their  votes  on 
the  question  whether  such  amendment  shall  be  made ; 
and  if  it  shall  appear  that  a  majority  of  the  inhabit- 
ants voting  on  the  question  are  in  favor  of  such 
amendment,  it  shall  become  a  part  of  this  Constitution. 
Me.,  249. 

— The  General  Assembly  may  propose  any  amend- 
ment or  amendments  to  this  Constitution,  which 
shall  be  agreed  to  by  three-fifths  of  all  the  members 
elected  to  both  Houses.  Such  proposed  amendment 
or  amendments,  with  the  yeas  and  nays  thereon, 
shall  be  entered  on  the  journal  of  each  House ;  shall 
be  printed  with  the  laws  passed  at  the  same  session, 
and  shall  be  published,  by  order  of  the  Governor, 
in  all  the  newspapers  printed  in  the  ditVerent  coun- 
ties of  this  State,  and  in  three  newspapers  printed 
in  the  city  of  Baltimore  (one  of  which  shall  be  printed 
in  the  German  language)  for  at  least  three  months 
preceding  the  next  election  for  members  of  the  Gen- 
eral Assembly,  at  which  election  the  said  proposed 
amendment  or  amendments  shall  be  submitted  to  the 
qualified  electors  of  the  State  for  their  confirmation 
or  rejection  ;  and  if  it  shall  appear  to  the  satisfaction 
of  the  Governor,  from  the  returns  of  said  election 
made  to  him  by  the  proper  authorities,  that  a  major- 
ity of  the  qualified  votes  cast  at  said  election  on  the 
propo.sed  amendment  or  amendments  were  in  favor 
of  the  said  proposed  amendment  or  amendments,  he 
shall,  by  proclamation,  declare  said  amendment 
or  amendments  to  be  part  of  the  Constitution  of  this 
State.  When  two  or  more  amendments  shall  be 
submitted  bv  the  General  Assembly  to  the  qualified 
electors  of  the  State  at  the  same  election,  they  shall 
be  so  submitted  tliat  the  electors  may  vote  for  or 
against  each  amendment  separately.  Md.,  276. 
— Whenever  two-thirds  of  the  members  elected  to 
each  branch  of  the  General  Assembly  shall  think  it 
necessary  to  call  a  Convention  to  revise,  amend  or 
change  this  Constitution,  tliey  shall  recommend  to  the 
electors  to  vote  at  the  next  election  lor  members  of 
the  General  Assembly  ibr  or  against  a  Convention  ; 
and  if  a  majority  of  all  the  electors  voting  at  said 
election  shall  have  voted  for  a  Convention,  the  Gen- 
eral Assembly  shall,  at  their  next  session,  provide  by 
law  for  calling  the  same.  Afd.,  276. 
— The  Convention  shall  consist  of  ivs  many  members 
as  both  Houses  of  the  General  Assembly,  who  shall  be 
chosen  in  tlie  same  manner,  and  shall  meet  within 


215 


three  months  after  their  election  for  the  purjjose 
aforesaid.     Md.  276. 

[A  vote  for  or  against  a  Convention,  to  be  taken  in 
1882,  and  every  twenty  years  after.     Md.,  276.] 

[A  vote  to  be  taken  in  1866,  and  every,  sixteenth 
year  after.     Mich.,  315.] 

— All  the  amendments  shall  take  effect  at  the  com- 
mencement of  the  political  year  after  their  adoption. 
Mich.,  315. 

-Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  projjosed  in  the  Senate  or  House  of 
Representatives.  If  the  same  shall  be  agreed  to  by 
two-thirds  of  the  members  elected  to  each  House, 
such  amendment  or  amendments  shall  be  entered  on 
their  journals  respectively,  with  the  yeas  and  nays 
taken  thereon;  and  the  same  sliall  be  submitted  to 
tlie  electors  at  the  ne.'ct  general  election  thereafter, 
and  if  a  majority  of  the  electors  qualified  to  vote  for 
members  of  the  Legislature  voting  thereon  shall 
ratify  and  approve  such  amendment  or  amendments, 
the  same  shall  become  part  of  the  Constitution. 
Mich.,  315. 

— If,  at  any  time  hereafter,  any  specific  and  particu- 
lar amendment  or  amendments  to  the  Constitution  be 
proposed  in  the  General  Court  and  agreed  to  by  a 
majority  of  the  Senators  and  two-thirds  of  the  mem- 
bers of  the  House  of  Representatives  present  and 
voting  thereon,  such  proposed  amendment  or  amend- 
ments shall  be  entered  on  the  journals  of  the  two 
houses,  with  the  yeas  and  nays  taken  thereon,  and 
referred  to  the  General  Court  then  next  to  Ije  chosen, 
and  shall  be  published ;  and  if,  in  the  General  Court  next 
chosen  as  aforesaid,  such  proposed  amendment  or 
amendments  shall  be  agreed  to  by  a  majority  of  the 
Senators  and  two-thirds  of  the  members  of  the 
House  of  Representatives  present  and  voting  thereon, 
then  it  shall  be  the  duty  of  tlie  General  Court  to 
submit  such  proposed  amendment  or  amendments  to 
the  people ;  and  if  they  shall  be  approved  and  ratified 
by  a  majority  of  the  qualified  voters,  voting  thereon, 
.at  meetings  legally  warned  and  holden  for  that  pur- 
pose, they  shall  become  part  of  the  Constitution  of 
this  Commonwealth.  Mass.,  295. 
— Whenever  a  majority  of  both  Houses  of  the  Legis- 
lature shall  deem  it  necessary  to  alter  or  amend  this 
Constitution,  they  may  propose  such  alterations  or 
amendments,  wliich  proposed  amendments  shall  be 
published  with  the  laws  which  have  been  passed  at 
the  same  session,  and  said  amendments  shall  be  sub- 
mitted to  the  people  for  their  approval  or  rejection; 
and  if  it  shall  appear,  in  a  manner  to  be  provided  by 
law,  that  a  majority  of  voters  present  and  voting  shall 
have  ratified  such  alterations  or  amendments,  the  same 
shall  be  valid  to  all  intents  and  purposes,  as  a  part  of 
this  Constitution.  If  two  or  more  alterations  or 
amendments  shall  be  submitted  at  the  same  time,  it 
shall  be  so  regulated  that  the  voters  shall  vote  for  or 
against  each  separatel)'.  Minn.,  329. 
— Whenever  two-thirds  of  each  branch  of  the  Legis- 
lature shall  deem  any  change,  alteration,  or  amend- 
ment necessary  to  this  Constitution,  such  proposed 
change,  alteration,  or  amendment  shall  be  read  and 
passed  by  a  majority  of  two-thirds  of  each  House 
respectively  on  each  day,  for  three  several  days. 
Public  notice  thereof  sliall  then  be  given  by  the 
Secretary  of  State,  at  least  si.x  months  preceding  the 
next  general  election,  at  which  the  qualified  electors 
shall  vote  directly  for  or  against  sucli  change,  altera- 
tion, or  amendment;  and  if  it  shall  appear  that  a 
majority  of  the  qualified  electors  voting  for  members 
of  the  Legislature,  shall  have  voted  for  the  proposed 
change,  alteration,  or  amendment,  then  it  shall  be 
inserted  by  the  next  succeeding  Legislature,  as  a  part 
of  this  Constitution,  and  not  otherwise.  J/i*s.,  344. 
— This  Constitution  may  be  amended  and  revised  in 
pursuance  of  the  provisions  of  this  article.  Mo., 
362. 

— The  General  Assembly,  at  any  time,  may  propose 
such  amendments  to  this  Constitution  as  a  majority 
of  the  members  elected  to  each  House  shall  deem 
expedient;  and  the  vote  thereon  shall  be  taken  by 
yeas  and  nays,  and  entered  in  full  on  the  journals. 


And  the  proposed  amendments  shall  be  published 
with  the  laws  of  that  session,  and  also  shall  be  pub- 
lished weekly  in  two  newspapers,  if  such  there  be, 
within  each  congressional  district  in  the  State,  for 
four  months  next  preceding  the  general  election  then 
next  ensuing.  The  proposed  amendments  shall  be 
submitted  to  a  vote  of  the  people,  each  amendment 
separately,  at  the  next  general  election  thereafter,  in 
such  manner  as  the  general  Assembly  may  provide. 
And  if  a  majority  of  the  qualified  voters  of  the  State, 
voting  for  and  against  any  one  of  said  amendments 
shall  vote  for  such  amendment,  the  same  shall  be 
deemed  and  taken  to  have  been  ratified  by  the  people 
and  shall  be  valid  and  binding,  to  all  intents  and  pur- 
poses as  a  part  of  this  Constitution.  Mo.,  362. 
— The  General  Assembly  shall  have  power  to  repeal 
or  modify  all  ordinances  adopted  by  any  previous 
Convention.  Mo.,  3G2. 
-The  General  Assembly  may,  at  any  time,  authorize 
by  law,  a  vote  of  the  people  to  be  taken  upon  the 
question  whether  a  Convention  shall  be  held  for  the 
purpose  of  revising  and  amending  the  Constitution  of 
this  State ;  and  if;  at  such  election,  a  majority  of  the 
votes  on  tlie  question  be  in  favor  of  a  Convention, 
the  Governor  shall  issue  writs  to  the  Sheriffs  of  the 
different  counties,  ordering  the  election  of  delegates 
to  such  a  Convention,  on  a  day  within  three  months 
after  that  on  which  the  said  question  shall  have  been 
voted  on.  At  such  election,  each  senatorial  district 
shall  elect  two  Delegates  for  each  Senator  to  which  it 
may  be  then  entitled  in  the  General  Assembly,  and 
every  such  Delegate  shall  have  the  qualifications  of  a 
Senator.  The  election  shall  be  conducted  in  con- 
formity with  the  laws  regulating  the  election  of 
Senators.  Tlie  Delegates  so  elected  shall  meet  at 
such  time  and  place  as  may  be  provided  by  law,  and 
organize  themselves  into  a  Convention,  and  proceed 
to  revise  and  amend  the  Constitution ;  and  the  Con- 
stitution, when  so  revised  and  amended,  shall,  on  a 
day  to  be  therein  fixed,  not  less  than  sixty  nor  more 
than  ninety  days  after  that  on  which  it  shall  have 
been  adopted  by  the  Convention,  be  submitted  to  a 
vote  of  the  people  for  and  against  it,  at  an  election  to 
be  held  for  that  purpose  only;  and  if  a  majority  of  all 
the  votes  given  be  in  favor  of  such  Constitution,  it 
shall,  at  tlie  end  of  thirty  days  after  such  election, 
become  the  Constitution  of  this  State.  The  result  of 
such  election  shall  be  made  known  by  proclamation 
by  the  Governor.  The  General  Assembly  shall  have 
no  power,  otherwise  than  as  in  this  section  specified, 
to  authorize  a  Convention  for  revising  and  amending 
the  Constitution.     Mo.,  369. 

— If  at  any  time  a  majority  of  the  Senate  and  House 
of  Representatives  shall  deem  it  necessary  to  call  a 
Convention  to  revise  or  change  this  Constitution,  they 
shall  recommend  to  the  electors  to  vote  for  or  against 
a  Convention  at  the  next  election  for  members  of  the 
Legislature ;  and  if  it  shall  appear  that  a  majority  of 
the  electors  voting  thereon  have  voted  for  a  Conven- 
tion, the  Legislature  shall  at  its  next  session  provide 
for  calling  such  convention.  A^eh.,  377  ;  Nev.,  392. 
— To  he  holden  within  six  months  after  the  passage 
of  such  law ;  and  such  convention  shall  consist  of  a 
number  of  members  not  less  tlian  both  brandies  of 
the  Legislature.  In  determining  what  is  a  majority 
of  the  electors  voting  at  such  election,  reference  shall 
be  had  to  the  highest  number  of  votes  cast  at  such 
election  for  the  candidates  for  any  office  or  on  any 
question.     Nev.,  392. 

— To  the  end  that  there  may  be  no  failure  of  justice 
or  danger  to  the  State,  by  the  alterations  and  amend- 
ments made  in  the  Constitution,  the  General  Court  is 
hereby  hilly  authorized  and  directed  to  fix  the  time 
when  the  alterations  and  amendments  shall  take 
effect,  and  make  the  necessary  arrangements  accord- 
ingly.    JV.  11,  410. 

— It  shall  be  the  duty  of  the  Selectmen  and  Assessors 
of  the  several  towns  and  places  in  this  State,  in  warn- 
ing the  first  annual  meetings  for  the  choice  of  Sena- 
tors, after  the  expiration  of  seven  years  from  the 
adoption  of  this  Constitution  as  amended,  to  insert 
expressly  in  the  warrant  this  purpose  among  others 


216 


for  the  meeting,  to  wif :  to  take  the  sense  of  the 
qualified  voters  on  the  subject  of  a  revision  of  the 
Constitution ;  and  the  meeting  being  warned  accord- 
ingly, and  not  otherwise,  the  moderator  shall  take 
the  sense  of  the  qualified  voters  present  as  to  the 
necessity  of  a  revision  ;  and  a  return  of  the  number 
of  votes  for  and  against  such  necessity  shall  be  made 
by  the  clerk,  sealed  up  and  directed  to  the  General 
Court  at  their  then  next  session  ;  and  if  it  shall  appear 
to  the  General  Court  by  such  return,  that  the  sense 
of  the  people  of  the  State  has  been  taken,  and  that 
in  the  opinion  of  the  majority  of  the  qualified  voters 
in  tlie  State,  present  and  voting  at  the  said  meetings, 
there  is  a  uecesity  for  a  revision  of  the  Constitution, 
it  shall  be  the  duty  of  the  General  Court  to  call  a 
Convention  for  that  purpose  ;  otherwise  the  General 
Court  shall  direct  the  sense  of  the  people  to  be  taken, 
and  then  proceed  in  the  manner  before  mentioned ; 
tlie  delegates  to  be  chosen  in  the  same  maimer,  and 
proportioned  as  the  Representatives  to  tlie  General 
Court :  Provided,  That  no  alterations  shall  be  made 
in  tliis  Constitution  before  the  same  shall  be  laid 
before  the  towns  and  unincorporated  places,  and 
approved  by  two-thirds  of  the  qualified  voters  present 
and  voting  on  the  subject.  N.  H.,  410. 
—And  the  same  method  of  taking  the  sense  of  the 
people  as  to  the  revision  of  the  Constitution,  and 
calling  a  Convention  for  that  purpose,  shall  be 
observed  afterward,  at  the  expiration  of  every  seven 
years.     N.  IL,  411. 

—No  convention  of  the  people  shall  be  called  by  the 
General  Assembly,  unless  by  the  concurrence  of  two- 
thirds  of  all  the  members  of  each  House  of  the  Gen- 
eral Assembly.  .V.  C,  430;  S.  C,  488. 
— No  part  of  the  Constitution  of  this  State  shall  be 
altered,  unless  a  bill  to  alter  the  same  shall  have  been 
read  three  times  in  each  House  of  the  General  Assem- 
bly, and  agreed  to  by  three-fiftlis  of  the  wliole  num- 
ber of  members  of  each  House  respectively ;  nor  shall 
any  alteration  take  place  until  the  bill  so  agreed  to 
shall  have  been  published  six  months  previous  to  a 
new  election  of  members  to  the  General  Assembly. 
If,  after  such  publication,  the  alteration  proposed  by 
the  preceding  General  Assembly  shall  be  agreed  to  in 
the  first  session  thereafter,  by  two-thirds  of  the 
whole  representation  in  each  House  of  the  Gen- 
eral Assembly,  after  the  same  shall  have  been  read 
three  times  on  three  .several  days,  in  each  House, 
then  the  said  General  Assembly  shall  prescribe  a 
mode  by  which  the  amendment  or  amendments  may 
be  submitted  to  the  qualified  voters  of  the  House  of 
Commons  throughout  the  State ;  and  if,  upon  com- 
paring the  votes  given  in  the  whole  State,  it  shall 
appear  that  a  majority  of  the  voters  have  approved 
thereof,  then  and  not  otherwise,  tlie  same  shall 
become  a  part  of  the  Constitution.  N.  C,  4.30. 
— It  shall  be  the  duty  of  the  Legislature  to  submit 
such  proposed  amendment  or  amendments,  or  such 
of  them  as  may  have  been  agreed  to  as  aforesaid  by 
the  two  Legislatures,  to  the  people  in  such  maimer 
and  at  such  time,  at  least  four  months  after  the  ad- 
journment of  the  Legislature,  as  the  Legislature  shall 
prescribe :  and  if  the  people,  at  a  special  election  to 
be  "held  for  that  purpose  only,  shall  approve  and 
ratify  such  amendment  or  amendments,  or  any  of 
them,  by  a  majority  of  the  electors  qualified  to  vote 
for  members  of  the  Legislature  voting  thereon,  such 
amendment  or  amendments,  so  approved  and  rati- 
fied, shall  become  part  of  the  Constitution ;  Pro- 
vided, That  if  more  than  one  amendment  be  submit- 
ted, they  shall  be  submitted  in  such  manner  and  form 
that  the  people  may  vote  for  or  against  each  amend- 
ment separately  and  distinctly ;  but  no  amendment 
or  amendments  shall  be  submitted  to  the  people  by 
the  Legislature  oftener  than  once  in  five  years.  N. 
J.,  420. 

— No  part  of  this  Constitution  shall  be  altered,  unless 
a  bill  to  alter  the  same  shall  have  been  read  on  three 
several  days  in  the  House  of  Representatives,  and  on 
three  several  days  in  the  Senate,  and  agreed  to,  at 
the  second  and  third  reading,  by  two-thirds  of  the 


whole  representation  in  each  House  of  the  Genera 
Assembly ;  neither  shall  any  alteration  take  effect, 
until  the  bill,  so  agreed  to,  shall  be  published  for  three 
months  previous  to  a  new  election  ibr  members  of 
the  House  of  Representatives;  and  the  alteration 
proposed  by  the  preceding  General  Assembly  shall 
be  agreed  to  by  the  new  General  Assembly,  in  their 
first  session,  by  the  concurrence  of  two-thirds  of  the 
whole  representation  in  each  House,  aft«r  the  same 
shall  have  been  read  on  three  several  days  in  each ; 
then  and  not  otherwise  the  same  shall  become  a  part 
of  tlie  Constitution.  S.  C,  488. 
— Either  branch  of  the  General  Assembly  may  pro- 
pose amendments  to  this  Constitution;  and,  if  the 
same  shall  be  agreed  to  by  three-fiftlis  of  the  members 
elected  to  each  House,  such  proposed  amendments 
shall  be  entered  on  the  journals,  with  the  yeas  and 
nays,  and  shall  be  published  in  at  least  one  newspaper 
in  each  county  of  the  State,  where  a  newspaper  is 
published,  for  six  months  preceding  the  next  election 
for  Senators  and  Representatives,  at  which  time  the 
same  shall  be  submitted  to  the  electors,  for  their 
approval  or  rejection  ;  and  if  a  majority  of  the  electors 
voting  at  such  election,  shall  adopt  such  amendments, 
the  same  shall  become  a  part  of  the  Constitution. 
When  more  than  one  amendment  shall  be  submitted 
at  the  same  time,  they  shall  bo  so  submitted,  as  to 
enable  the  electors  to  vote  on  each  amendment  sepa- 
rately.     Ohio,  444. 

[An  election  for  or  against  a  Constitution  to  be 
held  in  1871  and  each  twentieth  year  after]  Ohio,  444. 
— But  no  amendment  or  amendments  shall  be  sub- 
mitted to  the  people  oftener  than  once  in  five  years ; 
Provided,  Tliat  if  more  than  one  amendment  be  sub- 
mitted, they  shall  be  submitted  in  such  manner  and 
form,  tliat  the  people  may  vote  for  or  against  each 
amendment  separately  and  distinctly.  Pa.,  468. 
— In  the  words  of  the  Father  of  his  Country,  we  de- 
clare :  "  That  the  basis  of  our  political  systems  is  the 
right  of  the  people  to  make  and  alter  tlieir  constitu- 
tions of  government ;  but  that  the  Constitution  which 
at  any  time  exists,  till  changed  by  an  explicit  and 
authentic  act  of  the  whole  people,  is  sacredly  obliga- 
tory upon  all."     R.  I.,  473. 

— The  General  Assembly  may  propose  amendments 
to  this  Constitution,  by  the  votes  of  a  majority  of  all 
the  members  elected  to  each  House.  Such  proposi-. 
tions  for  amendments  shall  be  published  in  the  news- 
papers, and  printed  copies  of  them  shall  be  sent  by 
the  Secretary  of  State,  with  the  names  of  all  the 
members  who  sliall  have  voted  thereon,  with  the 
yeas  and  nays,  to  all  the  Town  and  City  Clerks  in  the 
State.  The  said  propositions  shall  be,  by  said  clerks, 
inserted  in  the  warrants  or  notices  by  tliem  issued, 
for  warning  the  next  annual  town  and  ward  meetings 
in  April ;  and  the  clerks  shall  read  said  propositions 
to  the  electors,  when  thus  assembled,  with  the  names 
of  all  the  Representatives  and  Senators  who  shall 
have  voted  thereon,  with  the  yeas  and  nays,  before 
the  election  of  Senators  and  Representatives  shall  be 
had.  If  a  majority  of  all  the  members  elected  to  each 
House,  at  said  annual  meeting,  shall  approve  any 
proposition  thus  made,  the  same  shall  be  published 
and  submitted  to  the  electors  in  the  mode  provided 
in  the  act  of  approval ;  and  if  then  approved  by  three- 
fifths  of  the  electors  of  the  State  present  and  voting 
thereon,  in  town  and  ward  meetings,  it  shall  become 
a  part  of  the  Constitution  of  the  State.  R.  L,  480. 
— Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  the  Senate  or  House  of 
Representatives ;  and  if  the  same  shall  be  agreed  to 
by  a  majority  of  all  the  members  elected  to  each  of 
the  two  Houses,  such  proposed  amendment  or  amend- 
ments shall  be  entered  on  their  journals,  with  the 
yeas  and  nays  thereon,  and  referred  to  the  General 
Assembly  then  ne.xt  to  be  chosen ;  and  shall  be  pub- 
lished for  six  months  previous  to  the  time  of  making 
such  choice.  And  if,  in  the  General  Assembly  next 
chosen  as  aforesaid,  such  ])roposed  amendment  or 
amendments  shall  be  agreed  to  by  two- thirds  of  all  the 
members  elected  to  each  House,  then  it  shall  be  the 


217 


ARTICLE  XIV. 

1  Section  1.    The  first  election  of  Senators  and   Members  of  Assembly, 

2  pursuant  to  the  provisions  of  this  Constitution,  shall  be  held  on  the  Tuesday 

3  succeeding  the  first  Monday  of  November,  one  thousand  eight  hundred  and 

4  forty-seven.    The  Senators  and  Members  of  Assembly  who  may  be  in  office 

5  on  the  first  day  of  January,  one  thousand  eight  hundred  and  forty-seven,  .shall 
0  hold  their  offices  until  and  including  the  thirty-first  day  of  December  follow- 


7  ing  and  no  longer. 

duty  of  the  General  Assembly  to  submit  such  pro- 
posed amendment  or  amendments  to  the  people,  in 
sueh  manner  and  at  such  time  as  the  General  Assem- 
bly shall  prescribe.  And  it'  the  people  shall  approve 
and  ratify  such  amendment  or  amendments,  by  a 
majority  of  all  the  citizens  of  the  State  voting  for 
Representatives,  voting  in  their  favor,  such  amend- 
ment or  amendments  shall  become  part  of  this  Con- 
stitution. Wl)en  any  amendment  or  amendments  to 
tlie  Constitution  shall  be  proposed  in  pursuance  of 
the  foregoing  provisions,  tlie  same  shall  at  each  of 
the  said  sessions  be  read  three  times  on  three  several 
days  in  each  House.  The  Legislature  shall  not  pro- 
pose amendments  to  the  Constitution  oftener  than 
once  in  six  years.     Tkiiu.  499. 

— The  Legislature,  by  a  vote  of  three-fourths  of  all 
the  members  of  each  House,  with  the  approval  of  the 
^  Governor,  shall  have  the  power  to  call  a  Convention 
of  the  people,  for  the  purpose  of  altering,  amending 
or  reforming  the  Constitution  of  this  State  ;  the  man- 
ner of  electing  delegates  to  the  Convention,  the  time 
and  place  of  assembling  them,  to  be  regulated  by  law. 
Tex.,  517. 

— The  Legislature,  at  any  biennial  session,  by  a  vote 
of  two-thirds  of  all  the  members  of  each  House,  may 
propose  amendments  to  the  Constitution,  to  be  voted 
upon  by  jiersons  legally  qualified  to  vote  for  members 
of  the  House  of  Representatives  of  the  State  ;  which 
proposed  amendments  shall  be  duly  published  in  the 
puljlio  prints  of  this  State,  at  least  three  months 
before  the  next  general  election  for  the  Representa- 
tives to  the  Legislature  for  the  consideration  of  the 
people ;  and  it  sliall  bo  the  duty  of  the  several 
returning  officers,  at  said  general  election,  to  open  a 
poll  for,  and  make  returns  to  the  Secretary  of  State, 
of  the  number  of  legal  votes  cast  at  said  election,  for 
and  against  said  amendment,  and  if  more  than  one  be 
proposed,  then  the  number  of  legal  votes  cast  foi-  and 
against  each  of  them  ;  and  if  it  shall  appear,  from  said 
return,  that  a  majority  of  the  votes  cast  upon  said 
proposed  amendment  or  amendments  have  been  cast 
in  favor  of  the  same,  and  two-thirds  of  each  House  of 
the  Legislature,  at  the  next  regular  session  thereafter 
shall  ratify  .said  proposed  amendment,  or  .amendments 
so  voted  tipon  by  the  people,  the  same  shall  be  valid 
to  all  intents  and  purposes,  as  parts  of  the  Constitu- 
tion of  the  State  of  Texas;  provided  that  the  said 
proposed  amendments  shall,  at  each  of  said  sessions, 
have  been  read  on  three  several  days,  in  each  House 
of  the  Legi.slature,  and  the  vote  thereon  shall  have 
been  tiiken  by  yeas  and  nays;  and  provided  further, 
that  tlie  rule  in  the  above  proviso  .shall  never  be  sus- 
pended by  either  of  said  Houses.     Tex.,  517. 

[A  Council  of  Cenxors,  elected  at  intervals  of  seven 
years,  to  inquire  whether  the  Constitution  has  been 
preserved  inviolate  in  every  part  during  the  last 
septennary,  and  whether  the  Legislative  or  Executive 
branches  have  performed  their  duty.  They  have 
power  to  call  a  Convention,  and  to  perform  other 
acts  tending  to  preserve  the  integrity  of  the  govern- 
ment ]     Vt.  527. 

55 


— No  Convention  shall  be  called,  having  authority 
to  alter  the  Constitution  of  the  State,  unless  it  be  in 
pursuance  of  a  law  passed  by  the  afBrmative  vote  of 
a  niiijority  of  the  members  elected  to  each  branch  of 
the  Legislature,  and  providing  that  polls  shall  be  held 
throughout  the  State,  on  some  day  therein  specified, 
which  shall  not  be  less  than  three  months  after  the 
passage  of  such  law,  for  the  purpose  of  taking  the 
sense  of  the  voters  on  the  question  of  calling  a  Con- 
vention. And  such  Convention  .shall  not  be  held 
unless  a  majority  of  the  votes  cast  at  such  polls  be 
in  favor  of  calling  the  same ;  nor  shall  members  be 
elected  to  such  Convention,  until  at  least  one  month 
after  the  result  of  tiie  polls  shall  be  duly  ascertained, 
declared  and  published.  And  all  acts  and  ordinances 
of  said  Convention  shall  be  submitted  to  the  voters 
of  the  State  for  ratification,  or  rejection,  and  shall 
have  no  validity  whatever  until  they  are  ratified,  and 
in  no  event  shall  they,  by  any  shift  or  device,  be 
made  to  have  any  reti  ospective  operation  or  effect. 
W.  To.,  558. 


FIRST  ELECTIONS  UNDER  THE  CONSTITU- 
TION. 

— All  Officers  of  State  and  District  Judges  first  elected 
under  this  Constitution,  .shall  be  commissioned  by  the 
Governor  of  this  Territory,  which  commission  .shall 
be  countersigned  by  the  Secretary  of  the  same,  and 
shall  qualify  before  entering  upon  the  discharge  of 
their  duties,  before  any  ofiicer  authorized  to  adminis- 
ter oaths  under  the  laws  of  this  territory  ;  and  also 
tlie  State  Comptroller  and  State  Treasurer  shall  each 
respectively,  before  they  shall  qualify  and  enter  upon 
the  discharge  of  their  duties,  execute  and  deliver  to 
the  Secretary  of  the  Territory  of  Nevada  an  oflicial 
bond,  made  p.ayable  to  the  people  of  the  .State  of  Ne- 
vada, in  the  sum  of  thirty  thousand  dollars,  to  be 
approved  by  the  Governor  of  the  Territory  of  Nevada, 
and  shall  also  execute  and  deliver  to  the  Secretary  of 
State  such  other  or  further  official  bond  or  bonds  as 
may  be  required  by  law.  Aet'.,  395. 
— that  the  Sheriffs,  State  Attorneys,  and  all  other 
officers  elected  under  this  Constitution,  siiiiU  perform 
such  duties  as  shall  be  prescribed  by  law.  ///.,  167. 
— The  first  election  for  Governor,  Secretary  of  State, 
Auditor  of  Stfite,  one  Representative  to  Congress,  the 
Justices  to  the  Supreme  Court,  the  members  of  the 
Senate  ,and  House  of  Representatives,  shall  be  held 
on  the  second  day  of  June,  one  thousand  eight  hun- 
dred and  sixty-six,  at  the  places,  and  in  the  manner 
now  prescribed  by  law  for  general  elections.  The 
members  of  the  Senate  shall  be  elected  in  and  from 
the  same  districts  that  are  now  prescribed  by  law  for 
councilmen  districts.  The  members  of  the  House  of 
Representatives  sh.ill  be  elected  in  and  from  the  same 
districts, that  are  now  prescribed  by  law  for  members 
to  the  Hou.se  of  Representatives  of  the  Territory  of 
Nebraska,  and  all  the  officers  mentioned,  to  wit :  Sen- 
ators and  Representatives,  shall  hold  their  offices  until 


21S 


the  first  Monday  in  Jmiuaiy,  A.  D.  18G7 :  Goveriioi-, 
Secretary  of  State,  State  Auditor  and  Treasurer,  nntil 
the  second  Monday  in  January,  A.  D.  18G9,  and  nntil 
their  successors  are  elected  and  qualified ;  the  Su- 
preme Judges  until  the  first  day  of  January,  A.  D. 
1873.     Xeh.,  377. 

— The  Legislature  at  its  first  session  shall  elect  such 
officers  as  may  be  ordered  by  this  Constitution  to  bo 
elected  by  that  body,  and  within  four  days  after  its 
organization  proceed  to  elect  two  Senators  to  ftie 
Congress  of  the  United  States.  But  no  law  passed 
by  this  Legislature  shall  take  effect  until  signed  by 
the  Governor  after  his  installation  into  office.  Cal, 
106. 

— The  limitation  of  the  powers  of  the  Legislature, 
contained  in  article  eighth  of  this  Constitution,  shall 
not  extend  to  the  first  Legislature  elected  under  the 
same,  which  is  hereby  authorized  to  negotiate  for 
such  amount  as  may  be  necessary  to  pay  the  expenses 
of  the  State  government.  Cal,  lOti. 
— The  provisions  of  this  Constitution  concerning  the 
terra  of  residence  necessary  to  enable  persons  to  hold 
certain  offices  therein  mentioned,  shall  not  be  held  to 
apply  to  officers  chosen  by  the  people  at  the  first 
election,  or  by  the  Legislature  at  its  fii'st  session. 
Cal.  1115. 

— The  first  election  for  Secretary,  Auditor,  and  Treas- 
urer of  State,  Attorney-General,  District  Judges, 
members  of  the  Board  of  Education,  District  Attor- 
neys, members  of  Congress,  and  such  State  officers  as 
shall  be  elected  at  the  April  election,  in  the  year  one 
thousand  eight  hundred  and  fifty-seven,  except  the 
Superintendent  of  Public  Instruction,  and  such  county 
officers  as  were  elected  at  the  August  election,  in  the 
year  one  thousand  eight  hundred  and  filty-six,  except 
prosecuting  Attorneys,  shall  be  held  on  the  Second 
Tuesday  of  October,  one  thousand  eight  hundred  and 
fifty-eight,  provided  that  the  time  for  which  any 
District  Jndge  or  any  other  State  or  county  officer 
elected  at  the  April  election  in  18.)8,  shall  not  extend 
beyond  the  time  fixed  for  filling  like  olfices  at  the 
October  election.     loiva,  194. 

— -The  first  election  under  this  Constitution  shall  be 
held  on  the  second  Tuesday  in  October,  in  the  year 
one  thousand  eight  lumdred  and  fifty-seven,  at  which 
time  the  electors  of  the  State  shall  elect  the  Governor 
and  Lieutenant-Governor.  There  shall  also  be  elected 
at  such  election,  the  successors  of  such  State  Senators 
as  were  elected  at  the  August  election,  in  the  year 
one  thousand  eight  hundred  and  fifty-four,  and  mem- 
bers of  the  House  of  Representatives,  who  shall  be 
elected  in  accordance  with  the  act  of  apportionment, 
enacted  by  the  seventh  General  Assembly  of  the 
State.     Iowa,  194. 

— The  first  general  election  under  this  Constitution 
shall  be  held  in  the  year  one  thou.sand  eight  hundred 
and  fifty-two.  /«</.,  181  (date  specified);  Ohiu,  444. 
— ^Tiie  first  reg'jlar  session  of  the  Legislature  shall 
commence  on  the  first  Monday  of  December,  A.  D. 
eighteen  hundred  and  sixty-four;  and  the  second 
regular  session  of  the  same  shall  connnenoe  on  the 
first  Monday  of  January,  eighteen  hundred  and  sixty- 
six  ;  and  the  thinl  regular  session  of  the  Legislature 
shall  be  the  first  of  the  biennial  sessions,  and  shall 
commence  on  tlie  first  Monday  of  January,  A.  D. 
eighteen  hundred  and  sixty-seven ;  and  the  regular 
sessions  of  the  Legislature  shall  be  held  thereaftiu- 
biennially,  commencing  on  the  first  Monday  of  Jan- 
uary.    Nev.,  394. 

— The  Governor,  Lieutenant-Governor,  Secretary  of 
Slate,  State  Treasurer,  Slate  Controller,  Attorney- 
General,  Surveyor-General,  Clerk  of  the  Supreme 
Court,  and  Superintendent  of  Public  Instrm-tion, 
to  be  elected  at  the  first  election  under  tliis  Con- 
stitution, shall  each  quidity  and  enter  upon  tlie 
duties  of  their  respective  offices  on  the  first  Mon- 
day of  December  succeeding  their  election,  and  shall 
continue  in  ofiico  until  the  first  Tuesday  after  the 
Monday  of  January,  eighteen  hundred  and  sixty- 
seven,  and  until  the  election  and  qualification  of  their 
successors  respectively.     A'ec,  395. 


— The  first  election  for  Aldermen  and  Justices  of  the 
Peace  shall  be  held  in  tlie  ye.v  eighteen  hundred  and 
forty,  at  the  time  fixed  for  the  election  of  Constables. 
The  Legislature  at  its  first  session  under  the  amended 
Constitution,  shall  provide  for  the  said  election,  and 
for  subsequent  similar  elections.  The  Aldermen  and 
Justices  of  the  Peace  now  in  commission,  or  who 
may  in  the  interim  be  appointed,  shall  continue  to 
discharge  the  duties  of  their  respective  offices  until 
fifteen  days  after  the  day  which  shall  be  fixed  by  law 
for  the  issuing  of  new  comniis.sions,  at  the  expiration 
of  which  time  their  commissions  shall  expire.  Pa., 
470. 

— The  first  election  under  this  Constitution  for  Gov- 
ernor, Lieutenant-Governor,  Treasurer,  Auditor  of 
Public  Accounts,  Register  of  the  Land  Office,  and 
Attorney-General,  shall  be  held  on  the  first  Monday 
in  August,  in  the  year  1851.  Ki/.,  214. 
— As  soon  as  the  general  election  can  be  held  under 
this  Constitution  in  every  parish  of  the  State,  the 
the  Governor  shall,  by  proclamation,  or  in  case  of 
his  failure  to  act,  the  Legislature  shall,  by  resolution, 
declare  the  fact,  and  order  an  election  to  be  lield  on 
a  day  fixed  in  said  proclamation  or  resolution,  and 
within  sixty  days  from  the  date  thereof,  for  Governor, 
Lieutenant-Governor,  Secretsry  of  State,  Auditor, 
Treasurer,  Attorney-Gener.al  and  Superintendent  of 
Education.  The  officers  so  chosen  shall,  on  the  fourth 
Monday  after  their  election,  be  installed  into  office; 
and  shall  hold  their  offices  for  the  terms  prescribed  in 
this  Constitution,  counting  ii-om  the  second  Monday 
in  January  ne.xt  preceding  their  entering  into  office 
in  case  they  do  not  enter  into  office  on  that  date. 
Tlie  terms  of  office  of  tlie  State  officers  elected  on 
the  22d  day  of  February,  18G4,  shall  expire  on  the 
installation  of  their  successors  as  herein  provided  for; 
Ijut  under  no  state  of  circumstances  shall  their  term 
of  office  be  construed  as  extending  beyond  the  length 
of  the  terms  fixed  for  said  offices  in  this  Constitution  ; 
and,  if  not  sooner  held,  the  election  of  tlieir  succes- 
sors shall  take  place  on  the  first  Moijday  of  Novem- 
ber, 18G7,  in  all  parishes  where  the  same  can  be  held, 
the  officers  elected  on  that  date  to  enter  into  office 
on  the  second  Monilay  in  January,  18G8.  La.,  238. 
— The  first  election  for  Governor,  Lieutenant-Gover- 
nor, Auditor,  Treasurer,  and  Secretary  of  State,  and 
Attorney-General,  shall  be  held  on  the  second  Tues- 
day of  Octolx-r,  one  thousand  eight  hundred  and  fifty- 
one.  The  persons  holding  .said  offices  on  the  first 
day  of  September,  one  thousand  eight  hundred  and 
fifty-one,  shall  continue  therein,  until  the  second 
Monday  of  January,  one  thousand  eiset  hundred  and 
fifty-two.      Ohio,  444. 

— The  first  election  for  Governor,  Lieutenant-Gover- 
nor, Judges  of  the  Supi-enie  Court  and  Circuit  Courts. 
Clerk  of  the  Supreme  Court,  Prosecuting  Attorney, 
Secretary,  Auditoi',  and  Treasurer  of  State,  and  State 
Superintendent  of  Piddic  Instruction,  under  this  Con- 
stitution, sliall  be  held  at  the  general  election  in  the 
year  one  tliousand  eight  hundred  and  fifty-two  ;  and 
such  of  said  officers  as  may  be  in  oflice  when  this  Con- 
stitution .shall  go  into  effect,  shall  continue  in  their 
respective  olfices  until  their  successors  shall  have  been 
elected  and  (lualified.  Iiid.,  181. 
— That  if  this  Constitution  shall  be  ratified  liy  the 
people,  the  Governor  sliall  forthwith,  alter  having 
ascertained  the  fact,  issue  writs  of  election  to  the 
Sheriffs  of  the  several  counties  in  this  State;  or,  in 
case  of  vacancy,  to  the  Coroners,  for  the  election  of 
all  the  officers,  the  time  of  whose  election  is  fixed  by 
this  Constimtion,  or  schedule ;  and  it  shall  be  the 
duty  of  said  Sherifis  or  Coroners,  to  give  at  least 
twenty  da3's'  notice  of  the  time  and  place  of  said  elec- 
tion, in  the  manner  now  prescribed  Isy  law.  Ill,  IGS. 
— General  elections  shall  be  held  throughout  the  State, 
on  the  Tuesda}'  next  after  tlie  first  Monday  in  the 
month  of  November  of  each  and  every  year;  at  the 
election  held  in  the  year  eighteen  hundred  and  sixty- 
four,  all  State  officers  rec|nired  to  be  elected  under 
this  Constitution  during  that  year  .shall  be  elected, 
and  in  like  manner  in  every  second  year  thereafter, 


219 


1  §  2.  The  first  election  of  Governor  and  Lieutenant-Governor  under  this 

2  Constitution,  shall  be  held  on  the  Tuesday  succeeding  the  first  Monday  of 

3  November,  one  thousand  eight  hundred  and  forty-eight;  and  the  Governor 

4  and  Lieutenant-Governor  in  oflBce  when  this  Constitution  shall  take  effect, 

5  shall  hold  their  respective  oflices  until  and  including  the  thirty-first  day  of 

6  December  of  that  year. 

1  §3.  The   Secretary  of  State,  Comptroller,  Treasurer,  Attorney-General, 

2  District  Attorney,  Surveyor-General,  Canal  Commissioners  and  Inspectors  of 

3  State  Prisons,  in  office  when  this  Constitution  shall  take  effect,  shall  hold  their 

4  respective  offices  until  and  including  the  thirty-first  day  of  December  one 

5  thousand  eight  hundred  and  forty-seven,  and  no  longer. 


an  election  shall  be  held  for  those  State  officers  whose 
terms  are  about  to  expire ;  at  tlie  election  lield  in  the 
year  eighteen  hundred  and  sixty-five,  all  county  offi- 
cers required  to  be  elected  under  this  Constitution  in 
that  year  shall  be  elected,  and  in  like  manner  in  every 
second  year  thereafter,  an  election  shall  be  held  for 
those  county  officers  whose  terms  are  aliout  to  expire. 
M<L  Til. 


CONTINUANCE   OF   OFFICERS  AND  OF  OF- 
FICES. 

—That  no  inconveniences  may  arise  from  the  amend- 
ments of  the  Constitution  of  this  State,  and  in  order 
to  carry  the  same  into  complete  operation,  it  is  hereby 
declared  and  ordained  as  follows : 
— -The  olliccs  of  the  present  Senate  and  Represen- 
tatives shall  not  be  vacated  by  any  amendment  of 
the  Constitution  made  in  this  Convention,  nor  other- 
wise affected,  except  that  the  terms  of  the  Represen- 
tatives and  the  terms  of  the  Senators  which  will  ex- 
jjire  on  the  first  Tuesday  of  October,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-two, 
are  hereby  extended  to  the  second  Tuesday  of  No- 
vember in  that  year ;  and  the  terms  of  the  Senators 
which  will  expire  on  the  first  Tuesday  of  October  in 
tlie  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-three,  are  hereby  extended  to  the  second  Tues- 
day of  November  in  that  year ;  and  the  terms  of  the 
Senators  which  will  expire  on  the  first  Tuesday  of 
October  in  the  year  of  our  Lord  one  thousand  eight 
hundred  aud  thirty-four,  are  hereby  extended  to  the 
second  Tues(i>y  of  November  in  that  year.  Del.,  126. 
— -The  Registers'  Courts  and  Justices  of  the  Peace 
shall  not  be  affected  by  any  amendments  of  the  Con- 
stitution made  in  this  Convention ;  but  the  said  courts 
and  the  terras  of  office  of  Registers  and  Jutices  of  the 
Peace  shall  remain  the  same  as  if  said  amendments 
had  not  been  made.     Del.,  128. 

•■  The  provision  in  the  twentieth  section  of  the  sixth 
article  of  this  amended  Constitution  (being  the  thir- 
tieth section  of  the  sixth  article  of  the  original  Con- 
stitution) of  limitation  of  writs  of  error,  shall  have 
relation  to,  and  take  date  from,  the  twelfth  day  of 
June,  in  the  year  of  oiu'  Lord  one  thousand  seven 
hundred  and  ninety-two,  tlie  date  of  said  original 
Constitution.     Del.,  128. 

— ^It  is  declared  that  nothing  in  this  amended  Consti- 
tution gives  a  writ  of  error  from  the  Court  of  Errors 
and  Ap])eals  to  the  Court  of  Oyer  and  Terminer  or 
Court  of  General  Sessions  of  the  Peace  and  Jail  De- 
livery, nor  an  Appeal  from  the  Court  of  General  Ses- 
sions of  the  Peace  and  Jail  Delivery.     DiL,  128. 


— All  civil  officers  heretofore  commissioned  by  the 
Governor,  or  who  have  been  duly  appointed,  or 
elected,  since  the  first  day  of  January  last,  but  who 
have  not  received  their  commission  and  who  have 
not  resigned,  nor  bpen  removed  from  office,  and  whose 
terms  of  office  shall  not  have  expired,  shall  continue 
in  the  exercise  of  the  duties  of  their  respective  offices 
during  the  periods  for  which  they  were  duly  appointed 
or  duly  elected  as  aforesaid,  and  commissioned,  and 
until  their  successors  shdll  be  appointed  under  the 
provisions  of  this  Constitution;  unless  removed  from 
office  as  herein  provided.  Oa.,  150. 
— The  County  Commissioners'  Courts  and  the  Probate 
Justices  of  the  several  counties,  shall  continue  in 
existence  and  exercise  their  present  jurisdiction,  until 
the  County  Court  provided  in  this  Constitution,  is 
organized  in  pursuance  of  an  act  of  the  General 
Assembly  to  be  passed  at  its  first  session.  III.,  1.57. 
— Every  person  elected  by  popular  vote,  and  now  in 
any  office  which  is  continued  by  this  Constitution, 
and  every  person  who  shall  be  so  elected  to  any  such 
office  before  the  taking  effect  of  this  Constitution 
(except  as  in  this  Constitution  otherwise  provided), 
shall  continue  in  office  until  the  term  for  wliich  such 
person  has  been,  or  may  be  elected,  shall  expire: 
Provided,  That  no  such  person  shall  continue  in  office 
after  the  taking  effect  of  this  Constitution  for  a  longer 
period  than  the  term  of  such  office  in  tliis  Constitu- 
tion prescribed.  Ind.,  182:  (nearly  similar),  Iowa, 
19o. 

— On  the  taking  effect  of  this  Constitution,  all  officers 
thereby  continued  in  office  shall,  before  proceeding  in 
the  fui-ther  discharge  of  their  duties,  take  an  oath  or 
affirmation  to  support  this  Constitution,  liul.,  182. 
— All  vanancies  that  may  occur  in  existing  offices 
prior  to  the  first  general  election  under  this  Constitu- 
tion, shall  be  filled  in  the  manner  now  prescribed  by 
law.     Ind.,  182. 

— Senators  elected  at  the  August  election,  in  the  year 
one  thousand  eiglit  hundred  and  fifty-six,  shall  con- 
tinue in  olfice  until  the  second  Tuesday  of  October, 
in  the  year  one  thousand  eight  hundred  and  fifty- 
nine,  at  which  time  their  successors  shall  be  elected 
as  may  be  prescribed  by  law.  Iowa,  195. 
— The  Governor,  Secretary,  and  Judges,  and  all  other 
officers  both  civil  and  military,  under  the  territorial 
government,  shall  continue  in  the  exercise  of  the 
duties  of  their  respective  departments  until  the  said 
officers  are  superseded  under  the  authority  of  this 
Constitution.     Kan.,  207. 

— No  office  shall  be  superseded  by  the  adoption  of 
this  Constitution,  but  the  laws  of  tlie  State  relative 
to  the  iluties  of  the  several  officers.  Legislative, 
Executive,  Judicial  and  Military,  shall  remain  in  full 


220 


1  S  4.  The  first  election  of  Judges  and  Clerk  of  the  Court  of  Appeals,  Justices 

2  of  the  Supreme  Court,  and  County  Judges,  shall  take  place  at  such  time  be- 

3  tweeu  the  first  Tuesday  of  April  and  the  second  Tuesday  of  June,  one  thousand 

4  eight  hundred  and  forty-seven,  as  may  be  prescribed  by  law.     The  said  courts 

5  shall  respectively  euter  upon  their  duties  on  the  first  Monday  of  July  next 

6  thereafter ;   but  the   term  of  office   of  said  Judges,  Clerk  and  Justices,  as 

7  declared  by  this  Constitution,  shall  be  deemed  to  commfeuce  on  the  first  day 

8  of  January,  one  thousand  eight  hundred  and  forty-eight. 


force,  though  the  same  he  contrary  to  this  Constitu- 
tion, and  the  several  duties  sliall  be  perlormcd  by 
the  respective  officers  of  the  State,  according  to  the 
existing  laws,  under  the  organization  of  the  Govern- 
ment, as  provided  for  under  tliis  Constitution,  and 
the  entering  into  office  of  the  officers  to  be  elected  or 
appointed  under  said  Government  and  no  longer. 
Ky.,  224. 

— In  order  that  no  inconvenience  may  result  to  the 
public  service  from  the  taking  eifect  of  tliis  Constitu- 
tion, no  officer  shall  be  superseded  tliereby  ;  but  the 
laws  of  this  State  relative  to  tlie  duties  of  the  several 
officers.  Executive.  Judicial  and  Military,  except  those 
made  void  by  military  authority,  and  by  the  ordi- 
nance of  emancipation,  shall  remain  in  full  force, 
though  the  same  be  contrary  to  this  Constitution, 
and  the  several  duties  shall  be  performed  by  the 
respective  officers  of  the  State,  according  to  the  exist- 
ing laws,  until  tlie  organization  of  the  government 
under  this  Constitution,  and  the  entering  into  office 
of  the  new  officers  to  be  appointed  under  said  govern- 
ment, and  no  longer.  La.,  237. 
— The  members  of  the  House  of  Representatives  of 
the  Legislature  of  one  thousand  eight  hundred  and 
fifty-one,  shall  continue  in  office  under  the  provisions 
of  law  until  superseded  by  their  successors  elected 
and  qualified  under  this  Constitution.  Mich.,  316. 
— All  county  officers,  unless  removed  by  competent 
authority,  shall  continue  to  hold  their  respective  offi- 
ces until  the  first  day  of  January,  in  the  year  one 
thousand  eight  Inmdred  and  fifty-three.  The  laws 
now  in  force  as  to  the  election,  ipialification,  and 
duties  of  township  officers,  shall  continue  in  force 
until  the  Legislature  shall,  in  conformity  to  tlie  pro- 
visions of  this  Constitution,  provide  for  the  holding 
of  elections  to  fill  sucli  offices  and  prescribe  the  duties 
of  such  officers  respectively.  Mich.,  316. 
— All  territorial  officers,  civil  and  military,  now  hold- 
ing their  offices  under  the  authority  of  the  United 
States  or  of  the  Territory  of  Minnesota,  shall  con- 
tinue to  hold  and  exercise  their  respective  offices 
until  they  shall  be  superseded  by  the  authority  of 
the  State.     Min.,  330. 

— The  Governor  and  all  officers,  civil  and  military, 
now  holding  commissions  under  the  authority  of  this 
State,  shall  continue  to  hold  and  exercise  their  respec- 
tive offices  until  they  shall  be  superseded,  pursuant 
to  the  provisions  of  this  Constitution,  and  until  their 
successors  be  duly  qualified.  Miss.,  344. 
— The  Governor  and  all  other  officers  of  the  Territo- 
rial Government,  shall  continue  to  discharge  and  exer- 
cise the  duties  of  their  respective  offices,  until  super- 
seded by  the  provisions  of  this  Constitution  or  the 
officers  appointed  or  elected  by  authority  of  its  pro- 
visions.    Neh.  377. 

— The  Governor,  Secretary,  Treasurer,  and  Superin- 
tendent of  Public  Instruction  of  the  Territory  of 
Nevada,  shall  each  continue  to  discharge  the  duties 
of  their  respective  offices  after  the  admission  of  this 
State  into  the  Union,  and  until  the  time  designated 
for  the  qualification  of  the  above-named  officers  to  be 


elected  under  the  State  government ;  and  the  Terri- 
torial Auditor  shall  continue  to  discharge  the  duties 
of  his  said  office  until  the  time  appointed  for  the  quali- 
fication of  the  State  Comptroller  ;  Pruvided,  That  tlie 
said  officers  shall  each  receive  the  salaries  and  be  sub- 
ject to  the  restrictions  and  conditions  provided  in  this 
Constitution ;  And,  provided  further,  That  none  of 
them  shall  receive  to  his  own  u.se  any  fees  or  per- 
quisites for  tlie  performance  of  any  duty  connected 
with  his  office.     Xev.,  394. 

— All  officers  now  filling  any  office  or  appointment, 
shall  continue  in  the  exercise  of  the  duties  thereof, 
according  to  their  respective  commissions  or  appoint- 
ments, unless  by  this  Constitution  it  is  otherwise 
directed.     A'.  J.,  420. 

— The  present  Governor,  Chancellor  and  Ordinary  or 
Surrogate-General,  and  Treasurer,  shall  continue  in 
office  until  successors  electe<l  or  appointed  under  this 
Constitution  shall  be  sworn  or  affirmed  into  office. 
N.  J.,  420. 

— In  case  of  the  death,  resignation,  or  disability  of 
the  present  Governor,  tlie  person  who  may  be  Vice- 
President  of  Council  at  the  time  of  the  adoption  of 
this  Constitution,  shall  continue  in  office,  and  admin- 
ister the  government  until  a  Governor  shall  have  been 
elected  and  sworn,  or  affirmed  into  office  under  this 
Constitution.     A''.  J.,  420. 

— The  Register  and  Receiver  of  the  Land  Office, 
Directors  of  the  Penitentiary,  Directors  of  the  benevo- 
lent institutions  of  the  State,  the  State  Librarian,  and 
all  other  officers,  not  otherwise  provided  for  in  this 
Constitution,  in  office  on  the  first  day  of  September, 
one  thousand  eight  hundred  and  fifty-one,  shall  con- 
tinue in  office  until  their  terms  expire,  respectively, 
unless  the  General  Assembly  shall  otherwise  provide. 
Ohio,  444. 

— .\11  officers  of  the  Territory,  or  under  its  laws,  when 
this  Constitution  takes  effect,  shall  continue  in  ofiice 
until  superseded  by  the  State  authorities.  Or.,  460. 
■ — All  civil  and  military  officers  which  have  been  or 
may  hereafter  be  appointed  by  the  acting  Governor 
of  the  State,  are  hereby  ratified  and  affirmed,  and 
they  shall  continue  to  hold  and  exercise  the  functions 
of  their  respective  offices  until  their  successors  shall 
l)e  elected  or  appointed,  and  qualified  as  prescribed 
by  the  laws  and  Constitution  of  the  State  and  United 
States.     Tenn.,  504. 

—  All  officers,  civil  and  military,  now  holding  their 
offices  under  the  authority  of  the  United  States,  or  of 
the  Territory  of  Wisconsin,  shall  continue  to  hold 
and  exercise  their  respective  offices  until  they  shall 
be  superseded  by  the  authority  of  the  State.  UXs., 
572. 

—  All  county,  precinct,  and  township  officers,  shall 
continue  to  hold  their  ie.<pective  ofiice-s,  unless 
removed  by  the  competent  authority,  until  the  Leg- 
islature shall,  in  conformity  with  the  provisions  of 
this  Constitution,  provide  for  the  holding  of  elections 
to  fill  such  offices  resiiectively.      liVs.,  .572. 

— The  acts  of  the  General  As.sembly,  increa.sing  the 
number  of  Justices  of  the  Peace,  shall  remain  in  foi'ce 


221 


1  g  5.  On  the  first  Monday  of  July,  one  thousand  eight  hundred  and  forty-seven 

2  jurisdiction  of  all  suits  and  proceedings  then  pending  in  the  present  Supreme 

3  Court  and  Court  of  Chancery,  and  all  suits  and  proceedings  originally  com- 

4  menced  and  then  pending  in  any  Court  of  Common  Pleas  (except  in  the  city 

5  and  county  of  New  York),  shall  become  vested  in  the  Supreme  Court  hereby 

6  established.    Proceedings  pending  in  Courts  of  Common  Pleas,  and  in  suits 

7  originally  commenced  in  Justices'  Courts,  shall  be  transferred  to  the  County 

8  Courts  provided  for  in  this  Constitution,  in  such  manner  and  form  and  under 

9  such  regulations  as  shall  be  provided  for  by  law.    The  Courts  of  Oyer  and 


until  repealed  by  the  General  Assembly ;  and  no  office 
shall  be  vacated  by  the  amendment  to  this  Constitu- 
tion, unless  the  same  be  expressly  vacated  thereby, 
or  the  vacating  the  same  is  necessary  to  give  eflfect 
to  the  amendments.     Dd.,  128. 

— The  salaries  or  compensation  of  all  persons  holding 
office  under  the  present  Constitution,  shall  continue 
to  be  the  same  as  now  provided  by  law,  until  super- 
seded by  their  successors  elected  or  appointed  under 
this  Constitution  ;  and  it  shall  not  be  lawful  hereafter 
for  the  Legislature  to  increase  or  diminish  the  com- 
pensation of  any  officer  during  the  term  for  which  he 
is  elected  or  appointed.  Mich.,  317. 
— All  executive,  judicial  and  other  officers  and  mem- 
bers of  the  General  Assembly  now  elected  shall  con- 
tinue in  office  until  their  present  terms  expire,  in  the 
same  manner  as  if  this  Constitution  had  not  been 
adopted.  The  Senate  may  so  fix  the  term  of  mem- 
bers first  elected  thereto  from  districts  not  now  repre- 
sented, that  one-half  the  number  of  Senators  (or  as 
near  that  number  as  may  be)  shall  be  elected  every 
two  years.      Va.,  544. 

— In  order  that  no  inconvenience  may  resulfr  to  the 
public  service  from  the  taking  effect  of  this  Consti- 
tution, no  office  shall  be  superseded  thereby,  nor  the 
laws  relative  to  the  duties  of  the  several  officers  be 
changed,  until  the  entering  into  office  of  the  new 
officers  to  be  appointed  under  this  Constitution.  Cal., 
105. 

— The  Governor,  at  the  expiration  of  the  present 
official  term,  shall  continue  to  act  until  his  successor 
shall  have  been  sworn  into  office.  Ind.,  181. 
— Senators  now  in  office  and  holding  over  under  the 
existing  Constitution,  and  such  as  may  be  elected  at 
the  next  general  election,  and  the  Kepresentatives 
then  elected,  shall  continue  in  office  until  the  first 
general  election  under  this  Constitution.  Ind.,  181. 
— The  members  of  the  present  Legislature  shall,  on 
the  first  Monday  of  March  next,  take  and  subscribe 
an  oath  or  affirmation,  to  support  this  Constitution, 
so  far  as  the  same  shall  then  be  in  force.  Sheriffs, 
clerks  of  counties,  and  coroners,  shall  be  elected  at 
the  election  hereby  directed  to  commence  on  the  first 
Monday  of  November,  in  the  year  one  thousand  eight 
hundred  and  twenty-two;  but  they  shall  not  enter 
on  the  duties  of  their  offices  before  the  first  day  of 
January  then  next  following.  The  commissions  of 
all  persons  holding  civil  offices  on  the  last  day 
of  December,  one  thousand  eight  hundred  and  t\venty- 
two,  shall  expire  on  that  day  ;  but  the  officers  then  in 
CDumiission,  may  respectively  continue  to  hold  their 
said  offices  until  new  appointments,  or  elections,  shall 
take  place  under  this  Constitution.  N.  Y.  (1821),  43. 
— All  civil  and  military  officers  now  elected,  or  who 
shall  be  hereafter  elected  by  the  General  Assembly, 
or  other  competent  authority,  before  the  said  first 
Wednesday  of  April,  shall  hold  their  offices  and  may 
exercise  their  powers  until  the  said  first  Tuesday  of 
May,  or  until  their  successors  .shall  be  qualified  to  act. 
R.  I.,  481. 

56 


CONTINUANCE     OF    LAWS,     RIGHTS     AND 
LEGAL  PROCEEDINGS. 

— That  no  inconvenience  may  arise  from  the  altera- 
tions and  amendments  made  in  the  Constitution  of 
this  State,  and  to  carry  the  same  into  complete  effect, 
it  is  hereby  ordained  and  declared  :  III.,  167.,  &c.. 

That  all  laws  in  force  at  the  adoption  of  this  Con- 
stitution, not  inconsistent  therewith,  and  all  rights, 
actions,  prosecutions,  claims  and  contracts  of  the  State, 
individuals  or  bodies  corporate,  shall  continue  and  be 
as  valid  as  if  this  Constitution  had  not  been  adopted. 
7K.,167;  (nearly  similar),  C'al.,  105;  Ind.,  181;  Iowa, 
199;  Kan.,  200;  Ky.,  229;  La.,  237;  Mich.,  316; 
Min.,  330  ;  Miss.,  344  ;  Neb.,  377  ;  Nev.,  393  ;  Pa., 
469;    11  Vs.,  571. 

— All  laws  of  the  State  passed  during  and  since  the 
tenth  session  of  the  Legislature  thereof,  in  1860,  not 
repugnant  to  the  Constitution  of  this  State,  or  of  the 
United  States,  shall  be  valid ;  all  writs,  actions,  pros- 
ecutions, judgments  and  decrees,  of  the  courts  of  the 
State,  all  executions  and  sales  made  thereunder,  and 
all  acts,  orders  and  proceedings  of  the  Judges  of  Pro- 
bate ;  and  of  executors,  administrators,  guardians  and 
trustees,  provided  they  were  in  conformity  to  the 
laws  then  in  force,  and  not  fraudulent,  shall  be  as 
valid  as  if  made  under  the  usual  and  ordinary  legisla- 
tion of  the  country,  provided  that  the  same  be  not 
repugnant  to  the  Constitution  of  the  State  and  of  the 
United  States.     Fl,  140. 

■ — The  clauses,  sections,  and  articles  of  the  said  Con- 
stitution which  remain  unaltered,  shall  continue  to 
be  construed  and  liave  the  eflfect  as  if  the  said  Con- 
stitution had  not  been  amended.     Pa.,  469. 
— All  fines,  penalties,  and  forfeitm-es,  owing  to  the 

Territory  of ,  or  any  county,  shall  inure  to  the 

use  of  the  State  or  county.  All  bonds  executed  to 
the  Territory,  or  any  officer  thereof,  in  his  official 
capacity,  shall  pass  over  to  the  Governor,  or  other 
officers  of  the  State  or  county,  and  their  successors 
in  office,  for  tlie  use  of  the  State  or  county,  or  by 
him  or  tliem  to  be  repectively  assigned  over  to  the 
use  of  those  concerned,  as  the  case  may  be.  Kan., 
206 ;  (nearly  similar),  Nev.,  393. 
— The  rights  and  duties  o!  all  corporations  shall 
remain  as  if  this  Constitution  had  not  been  adopted, 
with  the  exception  of  such  regulations  and  restric-  ■ 
tions  as  are  contained  in  this  Constitution.  All  judi- 
cial and  civil  officers  now  in  office,  who  have  been 
appointed  by  the  General  Assembly  and  commis- 
sioned according  to  law,  and  all  such  officers  as  shall 
be  appointed  by  tlie  said  Assembly,  and  commis- 
sioned as  aforesaid,  before  the  first  Wednesday  of 
May  next,  shall  continue  to  hold  their  offices  until  the 
first  day  of  June  next,  unless  they  shall,  before  that 
time,  resign,  or  be  removed  from  office  according  to 
law.  The  Treasurer  and  Secretary  shall  continue 
in  office  until  a  Treasurer  and  Secretary  shall  be 
appointed  under  this  Constitution.  All  military  offi- 
cers shall  continue  to  hold  and  exercise  their  respec- 


222 


10  Terniiuer  hereby  established  shall,  in  their  respective  counties,  have  jurisdic- 

11  tion,  on  and  after  the  day  last  mentioned,  of  all  indictments  and  proceedings 

12  then  pending  in  the  present  Courts  of  Oyer  and  Terminer,  and  also  of  all 

13  indictments  and  proceedings  then  pending  in  the  present  Courts  of  General 

14  Sessions  of  the  Peace,  e^icept  in  the  city  of  New  York,  and  except  in  cases  of 

15  which  the  Courts  of  Sessions  hereby,  established  may  lawfully  take  cognizance; 

16  and  of  such  indictments  and  proceedings  as  the  Courts  of  Sessions  hereby 

17  established  shall  have  jurisdiction  on  and  after  the  day  last  mentioned. 


live  offices  until  they  shall  resign,  or  be  removed 
accordintr  to  law.  All  laws  not  contrary  to  or  incon- 
sistent with  the  provisions  of  this  Constitution  shall 
remain  in  force  until  they  shall  expire  by  their  own 
limitation,  or  shall  be  altered  or  repealed  by  the  Gen- 
eral Assembly,  in  pursuance  of  tliis  Constitution. 
The  validity  of  all  bonds,  debts,  contracts,  as  well  of 
individuals  as  of  bodies  corporate,  or  the  State,  of  all 
suits,  actions,  or  rights  of  action,  both  in  law  and 
equity,  shall  continue  as  if  nodiange  liad  taken  place. 
The  Governor,  Lieutenant-Governor,  and  General 
Assembly  which  is  to  bo  formed  in  October  next, 
shall  have  and  possess  all  the  powers  and  authorities 
not  repugnat  to  or  inconsistent  with  this  Constitu- 
tion, which  they  now  have  and  possess,  until  the  first 
Wednesday  of  May  next.  Ci.,  113. 
—All  suits,  proceedings,  and  matters  which,  on  the 
third  Tuesday  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-two,  shall  be 
depending  in  the  Supreme  Court,  or  Court  of  Com- 
mon Pleas,  and  all  books,  records,  and  papers  of  the 
said  courts  shall  be  transferred  to  the  Superior  Court 
established  by  this  amended  Constitution,  and  the 
said  suits,  proceedings,  and  matters  shall  be  proceeded 
in  to  final  judgment  or  determination  in  the  said 
Superior  Court.  All  indictments,  proceedings,  and 
matters  which,  on  the  third  Tuesday  of  January,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-two,  shall  be  depending  in  the  Court  of  General 
Quarter  Sessions  of  the  Peace  and  Jail  Delivery,  shall 
be  transferred  to  and  proceeded  in  to  final  judgment 
and  determination  in  the  Court  of  General  Ses-sions 
of  the  Peace  and  Jail  Delivery  established  by  this 
amended  Constitution,  and  all  books,  records,  and 
papers  of  said  Court  of  General  Quarter  Sessions  of 
the  Peace  and  Jail  Delivery  shall  lie  transferred  to 
the  said  Court  of  General  Sessions  of  the  Peace  and 
Jail  Delivery.  All  suits,  proceeilings,  and  matters 
which,  on  the  third  Tuesday  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty- 
two,  shall  be  depending  in  the  Court  of  Chancery  or 
in  the  Orphans'  Court  and  all  records,  books  and 
papers  of  said  courts  respectively,  shall  be  transferred 
to  the  Court  of  Chancery  or  Orphans'  Court  estab- 
lished by  this  amended  Constitution,  and  the  said 
suits,  proceedings,  and  matters  shall  proceed  into 
final  decree,  order,  or  other  determination.  Del.,  127. 
— All  recognizances  heretofore  taken  shall  remain 
valid,  and  all  bonds  executed  to  the  Governor  of  the 
State  of  Florida,  either  before  or  .since  the  first  day 
of  January,  1861,  or  to  any  other  ofiicer  of  the  State 
in  his  official  capacity,  shall  be  of  full  force  and  virtue 
for  the  uses  therein  respectively  expressed,  and  may 
lie  sued  for  and  recovered  accordingly  ;  and  all  crimi- 
nal prosecutions .  and  penal  actions  which  have 
arisen  may  be  prosecuted  to  judgment  and  e.xecution 
in  the  name  of  the  State.  FL,  140. 
— Local  and  private  statutes  heretofore  pa.ssed 
intended  for  the  benefit  of  counties,  cities,  towns, 
corporation.s,  and  private  persons  not  inconsistent 
with  the  supremo  law,  nor  with  this  Constitution, 
and  which  have  neither  expired  by  their  own  limita- 


tions nor  been  repealed,  shall  have  the  force  of  statute 
law  subject  to  judicial  decision,  as  to  tlioir  validity 
when  enacted,  and  to  Any  limitations  imposed  by 
their  own  terms.      Qa.,  150. 

— All  acts  of  incorporation  for  municipal  purposes 
shall  continue  in  force  under  this  Constitution,  until 
such  time  as  the  General  Assembly  shall,  in  its  discre- 
tion, modify  or  repeal  the  same.  Ind.,  181. 
— All  bonds  e.xecuted  to  the  State,  or  to  any  officer 
in  his  official  capacity,  shall  remain  in  force  and  inure 
to  the  use  of  those  concerned.  Iowa,  194. 
— All  recognizances  heretofore  taken,  or  which  may 
be  taken  before  the  organization  of  the  Judicial  De- 
partment under  this  Constitution,  shall  remain  as 
valid  as  though  this  Constitution  had  not  been 
adopted,  and  may  bo  prosecuted  in  the  name  of  the 
Commonwealth.  All  criminal  prosecutions  and  penal 
actions  which  have  arisen,  or  may  arise  before  the 
reorganization  of  the  Judicial  Department  under  this 
Constitution,  may  be  prosecuted  to  judgment  and 
execution,  in  the  name  of  the  Commonwealth.  Kij., 
224. 

— All  writs,  actions,  causes  of  action,  prosecutions, 
and  rights  of  individuals  and  of  bodies  corporate,  and 
of  the  State,  and  all  charters  of  incorporation,  shall 
continue  ;  and  all  indictments  which  shall  have  been 
found,  or  which  may  hereafter  be  found,  for  any 
crime  or  offense  connnitted  bclbre  the  adoption  of 
this  Constitution,  may  be  proceeded  upon  as  if  no 
change  had  taken  place.  The  several  courts,  except 
as  herein  otherwise  provided,  shall  continue  with  the 
like  powers  and  jurisdiction,  both  at  law  and  in 
equity,  as  if  this  Constitution  had  not  been  adopted, 
and  until  the  organization  of  the  judicial  department 
under  this  Constitution.  Mich.,  .'!16. 
— That  all  fines,  penalties,  forleitures,  and  escheats 
accruing  to  the  State  of  Michigan  under  the  present 
Constitution  an<l  laws,  shall  accrue  to  the  use  of  the 
State  under  this  Constitution.  Mich.,  310. 
— That  all  recognizances,  bonds,  obligations,  and  all 
other  instruments  entered  into  or  executed  before  the 
adoption  of  this  Constitution,  to  the  people  of  the 
State  of  Michigan,  to  any  State,  county,  or  township, 
or  any  public  officer  or  public  body,  or  which  may 
be  entered  into  or  executed,  under  existing  laws,  "  to 
the  people  of  the  State  of  Michigan,"  to  any  such 
officer  or  public  body,  before  the  complete  organiza- 
tion of  the  departments  of  government  tmder  this 
Constitution,  shall  remain  binding  and  valid  ;  and 
rights  and  liabilities  upon  tlio  same  shall  continue, 
and  may  be  prosecuted  as  provided  by  law.  And  all 
crimes  and  misdemeanors,  and  penal  actions,  sliall  be 
tried,  punished,  and  prosecuted,  as  though  no  cliange 
had  taken  place,  until  otherwise  provided  by  law. 
Mich.,  310. 

— The  cases  pending  and  undisposed  of  in  the  late 
Court  of  Chancery  at  tlie  time  of  the  adoption  of  this 
Constitution,  shall  continue  to  be  heard  and  deter- 
mined by  the  Judges  of  the  Supreme  Court.  But  the 
Legislature  shall,  at  is  session  in  one  thousand  eight 
hundred  and  fifty-one,  provide  by  law  for  the  trans- 
fer of  said  causes  that  may  remain  undispose<i  of  on 


223 


the  first  day  of  January,  one  thousand  eight  hundred 
and  fifty-two,  to  the  Supreme  or  Circuit  Court 
estabhshed  by  this  Constitution,  or  require  that  the 
same  may  be  heard  and  determined  by  the  Circuit 
Judges.     Mick,  318. 

— All  rights  vested,  and  all  liabilities  incurred,  shall 
remain  the  same  as  if  this  Constitution  had  not  been 
adopted.     Miss.,  344. 

— All  debts  and  liabilities  of  the  Territory  of , 

lawfully  incurred,  and  which  remain  unpaid  at  the 
time  of  the  admission  of  this  State  into  the  Union, 
shall  be  assumed  by  and  become  the  debt  of  the  State 

of  :    Provided,   That   the   assumption   of  such 

indebtedness  shall  not  prevent  the  State  from  con- 
tracting the  additional  indebtedness,provided  in  section 
three  of  article  nine  of  this  Constitution.  Nev.,  394. 
— All  property  and  rights  of  the  Territory,  and  of 
the  several  counties,  subdivisions  aud  political  bodies 
corporate  of  or  in  the  Territory,  including  fines,  penal- 
ties, forfeitures,  debts,  and  claims  of  whatsoever  na- 
ture, and  recognizances,  obligations  and  undertakings 
to  or  for  the  use  of  the  Territoiy,  or  any  county, 
political  corporation,  officer,  or  otherwise,  to  or  for 
the  public,  shall  inure  to  the  State,  or  remain  to  the 
county,  local  division,  corporation,  officer,  or  public, 
as  if  the  change  of  government  had  not  been  made. 
And  private  rights  shall  not  be  afl'ected  by  such 
change.      Or.,  460. 

— All  debts  contracted  and  engagements  entered  into 
before  the  adoption  of  this  Constitution,  shall  be  as 
valid  against  this  State,  as  if  this  Constitution  had 
not  been  adopted.     B.  I.,  481. 
— All  fines,  penalties,  or  forfeitures  accruing  to  the 

Territory  of shall  inure  to  the  State.     Min.. 

330;    ]Vi9.,  571. 

— That  all  fines,  penalties,  and  forfeitures  due  and 
owing  to  the  State  of  Illinois  under  the  present  Con- 
stitution and  laws,  shall  inure  to  the  use  of  the  people 
of  the  State  of  Illinois  under  this  Constitution.  II!., 
167. 

— All  fines,  penalties,  or  forfeitures  due,  or  to  become 
■due  or  accruing  to  the  State,  or  to  any  county  therein, 
■or  to  the  school  fund,  sliall  inure  to  the  State, 
county  or  school  fund  in  the  manner  prescribed  by 
law.     loiva,  194. 

— All  suits  at  law  or  in  equity,  now  pending  in  the 
several  courts  of  this  State,  shall  be  transferred  to  such 
court  as  may  have  proper  jurisdiction  thereof.  Miss., 
344. 

— The  territorial  prison,  as  located  under  existing 
laws,  shall,  after  the  adoption  of  this  Constitution,  be 
and  remain  one  of  the  State  prisons  of  the  State 

of .     Min.,  329. 

— All  indictments,  prosecutions,  suits,  pleas,  plaints, 
and  other  proceedings  pending  in  any  of  the  courts, 
shall  be  prosecuted  to  final  judgment  and  execution ; 
and  all  appeals,  writs  of  error,  certiorari,  and  injunc- 
tions, .-shall  be  carried  on  in  the  several  courts  in  the 
same  manner  as  is  now  provided  by  law.  Ind.,  181. 
— All  judgments,  decrees,  orders,  and  other  proceed- 
ings of  the  several  courts  of  this  State  heretofore 
made  within  the  limits  of  their  several  jurisdictions, 
are  hereby  ratified  and  affirmed,  subject  only  to  past 
and  future  reversal,  by  motion  for  new  trial,  appeal, 
bill  of  review,  or  other  proceedings,  in  conformity 
with  the  law  of  force  when  they  were  made.  Oa., 
150;  (nearly  similar),  Iowa,  194. 
— Crimes  and  misdemeanors  committed  against  the 
Territory  of  Oregon  shall  be  punished  by  the  State  as 
they  might  have  been  punished  by  the  Territory  if 
the  change  of  government  had  not  been  made.  Or., 
460. 

— Recognizances,  bonds,  obligations,  and  all  other 
instruments  entered  into  or  executed,  before  the 
adoption  of  this  Constitution  to  the  people  of  the 
Slate  of  Illinois,  to  any  State  or  county  officer  or 
public  body,  shall  remain  binding  and  valid,  and 
rights  and  liabilities  upon  the  same  shall  continue,  and 
all  crimes  and  misdemeanors  shall  be  tried  and  pun- 
ished as  though  no  change  had  been  made  in  the 
Constitution  of  the  State.     Ill,  167. 


— All  fines,  penalties,  and  forfeiture  sued  or  accruing 
to  the  State,  or  to  any  county  therein,  shall  inure  to 
the  State,  or  to  such  county,  in  the  manner  prescribed 
by  law.  All  bonds  executed  to  the  State,  or  to  any 
otficer  in  his  official  capacity,  shall  remain  in  force, 
and  inure  to  the  use  of  those  concerned.  Ind.,  181. 
— All  recognizances  heretofore  taken,  or  which  may 
be  taken  before  the  change  from  a  territorial  to  a 
permanent  State  government,  shall  remain  valid,  and 
shall  pass  to,  and  may  be  prosecuted  in  the  name  of 
the  State,  and  all  bonds  executed  to  the  Governor  of 
the  Territory,  or  to  any  other  officer  or  court,  in  his 
or  their  official  capacity,  shall  pass  to  the  Governor  or 
the  State  authority,  and  their  successors  in  office,  for 
the  uses  therein  respectively  expressed,  and  may  be 
sued  for  and  recovered  accordingly ;  and  all  the  estate 
or  property,  real,  personal,  or  mixed,  and  all  judg- 
ments, bonds,  specialties,  choses  in  action,  and  claims, 
or  debts  of  whatsoever  description,  of  the  Territory 

of ,  shall  inure  to  and  vest  in  the  State  of , 

and  may  be  sued  for  and  recovered  in  the  same  man- 
ner, and  to  the  same  extent,  by  the  State  of ,  as 

the  same  could  have  been  by  the  Territory  of . 

All  criminal  prosecutions  and  penal  actions,  which 
may  have  arisen,  or  which  may  arise  before  the  change 
from  a  territorial  to  a  State  Government,  and  which 
shall  then  be  pending,  shall  be  prosecuted  to  judg- 
ment and  execution  in  the  name  of  the  State.  All 
oflFenses  committed  against  the  laws  of  the  Territory 

of ,  before  the  change  from  a  territorial  to  a 

State  government,  aud  which  shall  not  be  prosecuted 
before  such  change,  may  be  prosecuted  in  the  name 

and  by  the  authority  of  the  State  of ,  with  like 

effect  as  though  such  change  had  not  taken  place ; 
and  all  penalties  incurred  shall  remain  the  same  as  if 
this  Constitution  had  not  been  adopted.  All  actions 
at  law,  and  suits  in  equity,  wliich  may  be  pending  in 

any  of  the  courts  of  the  Territory  of ,  at  the  time 

of  the  change  from  a  territorial  to  a  State  govern- 
ment, may  be  continued  and  transferred  to  any  court 
of  the  Slate  which  shall  have  jurisdiction  of  the  sub- 
ject matter  thereof      Wis.,  571. 

— This  Constitution  as  amended,  so  far  as  shall 
concern  the  Judicial  Department,  shall  commence 
and  be  in  operation  from  and  after  the  third  Tuesday 
of  January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-two.  All  the  courts  of  jus- 
tice now  existing  shall  continue  with  their  present 
jurisdiction,  and  the  Chancellor  and  Judges  and  the 
Clerks  of  the  said  courts  shall  continue  in  office  until 
the  said  third  Tuesday  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty-two; 
upon  which  day  the  said  courts  shall  be  abolished, 
and  the  offices  of  the  said  Chancellor,  Judges  and 
Clerks  shall  expire.  All  writs  of  error,  and  appeals 
and  proceedings  which,  on  the  third  Tuesday  of  Jan- 
uary, in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-two,  shall  be  depending  in  the 
High  Court  of  Errors  and  Appeals,  and  all  the  books, 
records  and  papers  of  said  court  shall  be  transferred 
to  the  Court  of  Errors  and  Appeals  established  by 
this  amended  Constitution ;  aud  the  said  writs  of 
errors,  appeals,  and  proceedings  shall  be  proceeded 
in,  in  the  said  Court  of  Errors  and  Appeals,  to  final 
judgment,  decree,  or  other  determination.  Del,  127. 
— That  the  Clerk  of  the  Circuit  Court,  in  each  county 
fixed  by  this  Constitution  as  the  place  for  holding  the 
Supreme  Court,  except  in  the  county  of  Sangamon, 
shall  be  ex  officio  Clerk  of  the  Supreme  Court,  until 
the  clerks  of  said  Court  shall  be  elected  and  qualified, 
as  provided  in  this  Constitution,  and  all  laws  now  in 
force,  in  relation  to  the  Clerk  of  the  Supreme  Court, 
shall  be  applicable  to  said  clerks  and  tlieir  duties. 
Ill,  167. 

— All  ordinances  and  laws  in  force  when  this  Consti- 
tution is  adopted,  and  not  inconsistent  therewith, 
shall  remain  and  continue  as  if  this  Constitution  was 
not  adopted  ;  and  so  of  all  rights,  prosecutions, 
actions,  claims  and  contracts.  Va.,  544. 
— The  Legislature  shall  provide  for  the  removal  of  all 
causes  which  may  be  pending  when  this  Constitution 


224 


1  S6.  The  Chancellor  and  the  present  Supreme    Court  shall  respectively, 

2  have  power  to  hear  and  determine  any  of  such  suits  and  proceedings  ready  on 

3  the  first  Monday  of  July,  one  thousand  eight  hundred  and  forty-seven,  for  hear- 

4  ing  or  decision,  and  shall,  for  their  services  therein,  be  entitled  to  their  present 

5  rates  of  compenation,  until  the  first  day  of  July,  one  thousand  eight  hundred 

6  and  forty-eight,  or  until  all  such  suits  and  proceedings  shall  be  sooner  heard 

7  and  determined.    Masters  in  Chancery  may  continue  to  exercise  the  functions 

8  of  their  ofiices  in  the  Court  of  Chancery,  so  long  as  the  Chancellor  shall  con- 

9  tinue  to  exercise  the  functions  of  his  ofiice  under  the  provisions  of  this  Con- 

10  stitution.    And  the  Supreme  Court  hereby  established  shall  also  have  power 

11  to  hear  and  determine  such  of  said  suits  and  proceedings  as  may  be  prescribed 

12  by  law. 

1  §  7.    In  case  any  vacancy  shall  occur  in  the  office  of  Chancellor  or  Justice 

2  of  the  present  Supreme  Court,  previous  to  the  first  day  of  July,  one  thousand 


goes  into  effect,  to  courts  created  by  the  same.  Cal., 
105. 

— All  statutes,  public  and  private,  not  repugnant  to 
this  Constitution,  shall  continue  in  force  until  they 
expire  by  their  own  limitations,  or  are  repealed  by 
tlie  General  Assembly.  All  charters,  contracts, 
judgments,  actions  and  rights  of  action,  shall  be  as 
valid  as  if  this  Constitution  had  not  been  made.  The 
present  government  shall  exercise  all  the  powers  with 
which  it  is  now  clothed,  until  the  said  first  Tuesday 
of  May,  one  thousand  eight  hundred  and  forty-three, 
and  until  the  government  under  this  Constitution  is 
duly  organized.     R.  I.,  181. 

PUBLICATION  OF  THE  CONSTITUTION. 

— This  Constitution  shall  be  published  in  three  papers 
to  be  selected  by  the  President  of  the  Convention, 
whereof  two  shall  publish  the  same  in  English  and 
French,  and  one  in  German,  from  the  period  of  the 
adjournment  of  the  Convention  until  the  election  for 
ratification  or  rejection  on  the  first  Monday  of  Sep- 
tember, 1804.     La.,  238. 

— This  form  of  government  shall  be  enrolled  on  parch- 
ment, and  deposited  in  the  Secretary's  office,  and  be 
a  part  of  the  laws  of  the  land ;  and  printed  copies 
thereof  shall  be  prefixed  to  the  book  containing  the 
laws  of  this  Commonwealth,  in  all  future  editions  of 
the  said  laws.  Mass.,  294;  (similar  provision),  Me., 
252. 

—The  Legislature,  at  their  first  session,  shall  provide 
for  the  payment  of  all  expenditures  of  the  Convention 
to  revise  the  Constitution,  and  of  the  publication  of 
the  same  as  is  provided  in  this  article.  Mich.,  317. 
— At  the  first  regular  session  of  the  Legislature,  to 
convene  under  the  requirements  of  this  Constitution, 
provision  shall  be  made  by  law  for  paying  for  the 
pubhcation  of  six  hundred  copies  of  the  debates  and 
proceedings  of  this  Convention,  in  book  form,  to  be 
disposed  of  as  the  Legislature  may  direct;  and  the 
Hon.  J.  Neely  Johnson,  President  of  this  Convention, 
shall  contract  for,  and  A.  J.  Marsh,  official  reporter  of 
this  Convention,  under  the  direction  of  the  President, 
shall  supervise  the  publication  of  such  debates  and 
proceedings.  Provision  shall  be  made  by  law  at  such 
first  session  of  the  Legislature  for  the  compensation 
of  the  official  reporter  of  this   Convention,  and  he 


shall  be  paid  in  coin  or  its  equivalent.  He  shall 
receive  for  his  services  in  reporting  the  debates  and 
proceedings,  fifteen  dollars  per  day  during  the  session 
of  the  Convention,  and  seven  and  one-half  dollars 
additional  for  each  evening  session,  and  thirty  cents 
per  folio  for  one  hundred  words  for  preparing  the 
same  for  publication,  and  for  supervising  and  indexing 
such  publication,  the  sum  of  fifteen  dollars  per  day 
during  the  time  actually  engaged  in  such  service. 
Nev.  395. 

— The  President  of  the  Convention  shall,  immediately 
after  the  adjournment  thereof,  cause  this  Constitution 
to  be  deposited  in  the  office  of  the  Governor  of  the 
Territory  ;  and  if  after  the  submission  of  the  same  to 
a  vote  of  the  people,  as  hereinafter  provided,  it  shall 
appear  that  it  has  been  a<lopted  by  a  vote  of  the 
people  of  the  State,  then  the  Governor  shall  forward 
a  certified  copy  of  the  same,  togethcrwith  an  abstract 
of  the  votes  jjoUed  for  and  against  the  said  Constitu- 
tion, to  the  President  of  the  United  States,  to  be  by 
him  laid  before  the  Congress  of  the  United  States. 
Minn.  330. 

— This  form  of  government  shall  be  enrolled  on  parch- 
ment, and  deposited  in  the  Secretary's  office,  and  be  a 
part  of  the  laws  of  the  land,  and  printed  co])ies  thereof 
shall  be  prefixed  to  the  books  containing  the  laws  of 
this  State  in  all  future  editions  thereof     N.  II.,  411. 

1.  It  shall  be  the  duty  of  the  President  of  this 
Convention,  immediately  on  its  adjournment,  to 
certify  to  the  Governor  a  copy  of  the  Bill  of  Rights 
and  Constitution  adopted,  together  with  this  schedule. 

2.  Upon  the  receipt  of  such  certified  copy,  the 
Governor  shall  forthwith  announce  the  fact  by  pro- 
clamation, to  bo  published  in  such  manner  as  he  may 
deem  requisite  for  general  information,  and  shall 
annex  to  his  proclamation  a  copy  of  the  ]3ill  of  Rights 
and  Constitution,  together  with  this  schedule,  all  of 
which  shall  be  published  in  the  manner  indicated. 
Ten  printed  copies  thereof  shall,  by  the  Secretary  of 
the  Commonwealth,  be  immediately  transmitted  by 
mail  to  the  clerk  of  each  County  and  Corporation 
Court  in  this  Commonwealth,  to  be  by  such  clerk 
submitted  to  the  examination  of  any  person  desiring 
the  same.      Va.,  544. 

— This  Constitution  shall  be  prefixed  to  every  edition 
of  the  laws  made  by  direction  of  the  Legislature. 
Del,  125. 


225 

3  eight  huudred  and  forty-eight,  the  Governor  may  nominate,  and  by  and  with 

4  the  advice  and  consent  of  the  Senate,  appoint  a  proper  person  to  fill  such 

5  vacancy.    Any  Judge  of  the  Court  of  Appeals  or  Justice  of  the  Supreme 

6  Court,  elected  under  this  Constitution,  may  receive  and  hold  such  appoint- 

7  ment. 

1  g  8.    The  offices   of  Chancellor,  Justice  of  the  existing  Supreme  Court, 

2  Circuit  Judge,  Vice-Chancellor,  Assistant  Vice-Chancellor,  Judge  of  the  exist- 

3  ing  County  Courts  of  each  county.  Supreme  Court  Commissioner,  Master  in 

4  Chancery,  Examiner  in  Chancery,  and  Surrogate  (except  as  herein  otherwise 

5  provided),  are  abolished  from  and  after  the  first  Monday  of  July,  one  thousand 

6  eight  hundred  and  forty-seven  (1847). 

1  §  9.     The  Chancellor,  the  Justices  of  the  present  Supreme  Court,  and  the 

2  Circuit  Judges,  are  hereby  declared  to  be  severally  eligible  to  any  office  at  the 

3  first  election  under  this  Constitution. 

1  g  10.    Sheriffs,  C'lerks  of  Counties  (including  the  Register  and  Clerk  of  the 

2  city  and  county  of  New  York),  and  Justices  of  the  Peace  and  Coroners,  in 

3  office  when  this  Constitution  shall  take  effect,  shall  hold  their  respective  offices 

4  until  the  expiration  of  the  term  for  which  they  were  respectively  elected. 

1  §  11.    -Judicial  officers  in  office  when  this  Constitution  shall  take  effect, 

2  may  continue  to  receive  such  fees  and  perquisites  of  office  as  ai'e  now  author- 

3  ized  by  law,  until  the  first  day  of  July,  one  thousand  eight  hundred  and  forty- 

4  seven,  notwithstanding  the  provisions  of  the  twentieth  section  of  the  sixth 

5  article  of  this  Constitution. 

1  §  12.    All  local  courts  established  in  any  city  or  village,  including  the 

2  Superior  Court,  Common  Pleas,  Sessions  and  Surrogates'  Courts  of  the  city 

3  and  county  of  New  York,  shall  remain,  until  otherwise  directed  by  the  Legis- 

4  lature,  with  their  present  powers  and  jurisdictions ;  and  the  Judges  of  such 

6  courts,   and  any   Clerks  thereof,  in  office  on  the  first  day  of  January,  one 

6  thousand  eight  hundred  and  forty-seven,  shall  continue  in  office  until  the  ex- 

7  piration  of  their  terms  of  office,  or  until  the  Legislature  shall  otherwise  direct 


57 


226 


1  g  13.    This  Oonstitutiou  shall  be  iu  force  from  aud  including  the  first  day 

2  of  January,  one  thousand  eight  hundred  and  forty-seven,  except  as  herein 

3  otherwise  provided. 

Done  in  Convention,  at  the  capitol  iu  the  city  of  Albany,  the  ninth  day  of 
October,  iu  the  year  one  thousand  eight  hundred  and  forty-six,  and  of  the  Inde- 
pendence of  the  United  States  of  America  the  seventy-first.  In  witness 
whereof,  we  have  hereunto  subscribed  our  names. 

JOHN  TRACY, 


James  F.  Starbuck. 
H.  W.  Strong, 
Fr.  Seoeh, 


Seerttariea. 


SUPREMACY     OF     THE     CONSTITUTION  — 
LAWS  FOR  CARRYING  IT  INTO  EFFECT. 

— This  Constitution  shall  be  the  supreme  law  of  the 
Slate,  and  any  law  inconsistent  therewith  shall  be 
void.  The  General  A.-isembly  shall  pass  all  laws 
necessary  to  carry  this  Constitution  into  eliect.  Iowa, 
194;  R.'l.  475. 

— That  the  declaration  of  rights  is  hereby  declared  to 
be  a  part  of  the  Constitution  of  this  State,  and  ought 
never  to  be  violated  on  any  pretense  whatsoever. 
N.  a,  426. 

— The  Legislature  shall  pass  all  laws  necessary  to 
carry  into  effect  the  provisions  of  this  Constitution. 
a:  JT,  421 ;  (nearly  similar).  Del.,  128;  IK,  169;  Va., 
544. 

— It  shall  be  the  duty  of  the  Legislature,  at  their  first 
session,  to  adapt  the  present  laws  to  the  provisions 
of  this  Constitution,  as  far  as  may  be.  Mich.,  316. 
— The  General  Assembly  shall  have  power  to  make 
all  laws  and  ordinances  consistent  with  this  Constitu- 
tion, and  not  repugnant  to  the  Constitution  of  the 
United  States,  which  thej-  shall  deem  necessary  and 
proper  for  the  welfare  of  the  State.  Ga.,  146. 
— The  General  Assembly  shall  have  power  to  pass  all 
such  laws  as  may  be  necessary  and  proper  for  carry- 
ing into  execution  the  powers  vested  by  this  Consti- 
tution, in  any  department  of  office  of  the  Government, 
and  the  duties  imposed  upon  them  thereby.  Md.,  265. 
— The  General  Assembly  shall  declare  by  law  what 
parts  of  the  common  law,  and  what  parts  of  the  civil 
law,  not  inconsistent  with  this  Constitution,  shall  be 
in  force  in  this  State.     FL,  140. 


Pivfiilml.  anij  DdeguU  fivm  the  County  of  Chenango. 


— All  the  provisions  of  the  existing  Constitution 
inconsistent  with  the  provisions  herein  contained, 
are  hereby  wholly  annulled.     Mass.,  295,  290. 


DATES  OF  GOING  INTO  EFFECT. 

—New  York  (1777),  April  20,  1777. 
—    "         "      (1821),  January  1,  1822,  with  such  ex- 
ceptions as  are  made  in  Art.  IX,  §  1.     P.  102. 
—Ohio,  September  1,  1851.     P.  445. 
— Indiana,  November  1,  1851.     P.  181. 
—New  Jersey,  September  2,  1844.     P.  420. 
— All  officers  of  this  State,  other  than  members  of 
the  Legislature,  shall  be  installed  into  office  on  the 
fifteenth  day  of  December  next,  or  as  soon  thereafter 
as  practicable.      Cal.,  106. 

— The  first  session  of  the  Legislature  of  the  State  of 
Wisconsin  shall  commence  on  the  first  Monday  in 
June  next,  and  shall  be  held  at  the  village  of  Madi- 
son, which  shall  be  and  remain  the  seat  of  govern- 
ment until  otherwise  jirovided  by  law.  Wis.,  572. 
— This  Constitution,  if  adopted,  shall  go  into  ope- 
ration on  the  first  Tuesday  of  May,  in  the  year  one 
thousand  eight  hundred  and  forty-three.  The  first 
election  of  Governor,  Lieutenant-Governor,  Secre- 
tary of  State,  Attorney-General  and  General  Treas- 
urer, and  of  Senators  and  Representatives  under 
said  Constitution,  shall  be  had  on  the  first  Wednes- 
day of  April  next  preceding,  by  the  electors  qualified 
under  said  Constitution.  And  the  town  and  ward 
meetings  therefor  shall  be  warned  and  conducted  as 
is  now  provided  by  law.     li.  I.,  481. 


ARRANGEMENT  OF  SUBJECTS. 


UNITED  STATES  CONSTITUTION. 

ARTICLES.  •  SECTIONS. 

Preamble, ^ 

I.   Legislative  Department, 10 

II.   Executive  Department 4 

III.  Judicial  Department, 3 

IV.  Eights  and  obligations  of  States 4 

v.   Amendments  of  the  Constitution, 1 

VI    Obligations    of    Debts    and    of   Treaties, 

Oaths  of  Office, 1 

VII.   Ratification, 1 


AMENDMENTS. 

Bill  of  Rights, (Articles  I  to  IX.) 

Powers  reserved  to  the  States, (Art.  X.) 

Judicial  Power,  as  between  States, (Art.  XI.) 

Election  of  President  and  Vice-President, .  (Art.  XII.) 
AboUtion  of  Slavery, (Art.  XIII.) 


ALABAMA. 
AETicuis.  Sections 

Preamble, 1 

I.   Declaration  of  Rights, 36 

II.   State  Boundaries  and  Counties, 2 

III.  Distribution  of  Powers  of  Government, . .  2 

IV.  Legislative  Department 42 

V.    E.xecutive  Department, 20 

VI.   Judicial  Department, 16 

VII.   State  and  County  Officers, 7 

VIII.   Elections  by  the  People, 4 

IX.   Amendment  and  Revision  of  the  Constitu- 
tion,       2 


ARKANSAS. 
Articles.  Sections. 

Preamble, 1 

I.   Boundaries  of  the  State, 1 

II.    Declaration  of  Rights, 24 

III.  Of  Departments, 2 

IV.  Legislative  Department, (§1.) 

Qualifications  of  Electors, (§2.) 

Time  of  choosing  Representatives, . . .  (§  3.) 
Qualifications  of  Representatives, . . .  (§  4.) 

Qualifications  of  a  Senator, (§  5-8.) 

Ilode  of  election  and  time  and  priv- 

leges  of  electors, 

Duty  of  Governor, . .  (§  9-21.) 

Manner  of  bringing  suits  against 

the  State, (§22-32.) 

Mode  of  Amending  the  Constitution, 

V.   Abolition  of  Slavery, 1 

VI.   Executive   Department, 26 

Militia, 2 

VII.   Judicial  Department, 20 

VIII.    General  provisions, 12 

IX.   Revenue,  4 

Schedule, 9 

Ordinances, 7 


CALIFORNIA. 
Articles.  Saonena. 

I.   Declaration  of  Rights, .  .  .  .' 21 

II.   Right  of  Suffrage, 6 

III.  Distribution  of  Powers, 1 

IV.  Legislative  Department, 39 

V.   Executive   Department, 21 

VI.   Judicial  Department, 19 

VIL   Militia, 3 

Vin.   State  Debt, 1 

IX.   Education, 4 

X.   Mode  of  amending  and  revising  the  Con- 
stitution,    2 

XI.   Miscellaneous  provisions, 21 

XII.   Boundaries,  •. 1 

Schedule, 16 

CONNECTICUT. 
Articles.  Ssctioms. 

Preamble, 1 

.    I.   Declaration  of  Rights, 21 

II.   Of  the  Distribution  of  Powers, 1 

III.  Of  the  Legislative  Department, 11 

IV.  Of  the  Executive  Department, 21 

V.    Of  the  Judicial  Department, 3 

VI.   Of  the  qualifications  of  electors, 9 

VII.   Of  Religion, 2 

VIII.   Of  Education, 2 

IX.   Of  Impeachments, 4 

X.   General  provisions, 4 

XI.   Of  Amendments  of  the  Constitution, 1 

AMENDMENTS. 
Article. 

I.   Number  of  Senators. 
II.   Senatorial  Districts.     Ratio  of  Representation. 

III.  Election  of  Senators. 

IV.  Election  of   Lieutenant-Governor,   Treasurer 

and  Secretary. 
V.   Election  of  Comptroller  of  Public  Accounts. 
VI.   Elections.     Manner  of  holding  elections. 
VII.   Election  of  Sheriflf. 
VIII.   Qualification  of  Electors. 
IX.   Election  of  Judges  of  Probate. 
X.   Election  of  Justices  of  the  Peace. 
XI.   Literary  Qualifications  of  Electors. 
XII.   Judges;    their    term,    tenure    of   office    and 

removal. 
XIII.   Soldiers'  vote  in  the  army  or  navy. 

DELAWARE. 
Articles.  Sections. 

Preamble, 1 

I.   Bill  of  Rights, 19 

II.    Legislative  Department, 17 

III.  Executive  Department, 15 

IV.  Of  Elections, 2 

V.   Impeachments, 3 

VI.   Judicial  Department, 25 

VII.   Miscellaneous  provisions, 12 

Vin.   Oaths  of  Ollice, 1 

IX.   Amendments  to  the  Constitution, 1 

Schedule, 10 


298 


Abtxcles. 

I. 

II. 
III. 
IV. 

V. 
VI. 


VII. 

VIII. 

IX. 

X. 

XI. 

XII. 
XIII. 
XIV. 

XV. 

XVI. 

XVII. 


FLORIDA. 

SEcnoMs. 

Preamble, 1 

Declaration  of  Rights, 26 

Distribution  of  the  Powers  of  Government,     2 

Executive  Department, 23 

Legislative  Department, 22 

Judicial  Department, 22 

The  Right  of  Suflrage  and  Qualifications  of 
Officers;  Civil  Officers  and  Impeach- 
ments and  Removals  from  Office, 18 

Militia, 3 

Taxation  and  Revenue, 5 

Census  and  Apportionment  of  Represen- 
tation,       5 

Education, 2 

Public  Domain  and  Internal  Improve- 
ments,       3 

Boundaries, 1 

Banks  and  other  Corporations, 10 

Amendment  and  Revision  of  the  Consti- 
tution,       3 

Seat  of  Government, 1 

General  Provisions, 7 

Schedule  and  Ordinance, 7 


GEORGIA. 
Articles.  SEcnose. 

Preamble, 1 

I.   Declaration  of  Rights, 21 

SUB-SBCTIONS 

II.    (§  1)  Powers  of  Government ;  Legislative 

Power ;  Eligibility  to  Office, 6 

(§  2)  Senatorial  Districts,Senate,  Senators,     4 

(§  3)  House  of  Representatives, 5 

(§  4)  Rights  and  Privileges  of  each  House ; 

Oaths ;  Passage  of  Bills, 9 

(§  5)  Powers  and  Jurisdiction  of  General 

Assembly, 5 

(§  6)  Creation  of  Corporations ;  Grants  or 

Donations  of  Public  Money, 4 

III.  (§  1)  Executive  Power,  how  vested ;  Qual- 

ifications of  Governor, 5 

(§  2)  Powers  and  Duties  of  Governor ;  the 

Great  Seal, 9 

IV.  (§  1)  Judicial     Power,     How      Vested ; 

Supreme  Court, 4 

(§  2)  Superior  Court ;  its  organization  and 

jurisdiction, 12 

(§  3)  Judges,   State's  Attorney,    Inferior 
and  County  Courts,  Justices  of  the 

Peace,  Probate  Courts, 5 

V.  (§1)  Qualifications  of  Electors,  Elections, 
Continuance  of  Laws  and  of  legal 
rights,  Miscellaneous  provisions,. .    11 


ART1CI.E6. 

I. 
IL 

in. 


IV. 

V. 

VL 

VIL 

VIII. 

IX. 

X. 

XL 

XII. 

XIII. 

XIV. 


ILLINOIS. 

Sbctionp. 

Preamble, 1 

Boundaries, , 1 

Distribution  of  the  Powers  of  Govern- 
ment,   2 

Legislative  Department, 40 

Senatorial  Districts,    25 

Representative  Districts, 41 

Executive   Department, 26 

Judicial   Department, 33 

Elections  and  the  Right  of  Sufirage, ....  9 

New  Counties, 7 

Militia, 6 

Revenue, 6 

Corporations, 6 

Commons, ] 

Amendments  to  the  Constitution, 2 

Bill  of  Rights, 26 

Public  Debt, 1 

Schedule, 26 


INDIANA. 
Articles.  Sections. 

Preamble, 1 

I.   Bill  of  Rights, 37 

11.   Sufirage  and  Election, 14 

III.  Distribution  of  Powers, 1 

IV.  Legislative  Department, 30 

V.   Executive   Department, 24 

VI.   Administrative  Department, 10 

VII.   Judicial  Department, 21 

VIII.   Education, 

IX.   State  Institutions, 3 

X.   Finance, 6 

XI.   Corporations, 14 

XII.    Militia, 6 

XIII.  Negroes  and  Mulattoes, 4 

XIV.  Boundaries, 2 

XV.   Miscellaneous  Provisions, 10 

XVI.   Amendments, 2 

Schedule, 16 


IOWA 

Articles.  Sections 

Preamble, 1 

1.   Bill  of  Rights, 25 

II.    Right  of  Suff'rage, 6 

III.  Distribution  of  Powers, 1 

Legislative  Department, 38 

IV.  Executive   Department, 22 

V.   Judicial  Department, 14 

VI.    Militia, 3 

VIL   State  Debt, 7 

VIII.   Corporations, 12 

IX.   Education  and  Schools, 15 

School  Funds  and  School  Lands, 7 

X.   Amendments  to  the  Constitution, 3 

XL   Miscellaneous  Provisions, . .  8 

XII.   Schedule, 15 


KANSAS. 
Articles.  Sections. 

Ordinance, 8 

Preamble, 1 

Bill  of  Rights, 28 

I.   Executive   Department, 16 

II.   Legislative  Department, 28 

III.  Judicial  Department, 20 

IV.  Elections, 2 

V.   Sufi-rage 7 

VI.   Education,    9 

VII.   Public  Institutions, 4 

VIII.   Militia,  4 

IX.   County  and  Town  organization, 5 

X.   Apportionment, 3 

XI.   Finance  and  Taxation, 8 

XII.   Corporations, 6 

XIII.  Banks  and  Currency, 9 

XIV.  Amendments, 2 

XV.   Miscellaneous  Provisions,   9 

Schedule,  25 


KENTUCKY. 
Articles.  Sections. 

Preamble,    1 

I.    Distribution  of  Powers, 2 

II.   Legislative  Department,    4 

III.  Executive  Department, 26 

IV.  Judicial  Department, (§  L) 

Court  of  Appeals, (§  2-15.) 

Circuit  Courts, (§  16-28.) 

County  Courts, (§  29-41.) 

V.    Impeachments, 3 

VI.   Executive    and    Ministerial    Officers  for 

Counties  and  Districts, 11 

VII.   Militia, 3 

VIII.   General  Provisions, 26 

IX.   Seat  of  Government, 1 

X.    Slaves, 3 


229 


Articles.  Sections. 

XL   Education, , 2 

XII.   Mode  of  Revising  the  Constitution, 2 

XIII.  Bill  of  Eights, 30 

LOUISIANA. 
Titles.  Akticles. 

Preamble, 1 

I.   Emancipation, 2 

II.   Distribution  of  Powers, 2 

III.  Legislative  Department 38 

IV.  Executive   Department, 26 

V.   Judicial  Department, 16 

VI.  Impeachment, 5 

VII.  General  Provisions, 43 

VIII.  Corporation  of  the  City  of  New  Orleans,  1 

IX.  Labor  on  Public  Works, 2 

X.  Internal  Improvements, .  . : 4 

XI.  PubUc  Education 7 

XII.  Mode  of  Revising  the  Constitution, 1 

XIIL  Schedule,  4 

XIV.  Ordinance,  4 

[The  articles  are  numbered  consecutively  from  1  to  155] 

MAINE.    ' 
Articles.  Sections. 

Preamble, 1 

I.    Declaration  of  Rights, 24 

II.   Electors,    4 

III.  Distribution  of  Powers, 2 

IV.  Part  1.  Legislative    Power.      House    of 

Representatives, 8 

2.  Senate,  8 

3.  Legislative  Powers, 12 

V.   Part  1.  Executive  Power, 14 

2.  Council, 4 

3.  Secretary, 4 

4.  Treasurer, 4 

VI.   Judicial  Power,   6 

VII.    Military, 5 

VIII.   Literature, 1 

IX.   General  Provisions, 8 

X.   Schedule, 6 

Amendments, 8 

MARYLAND. 
Articles.  Sections. 

Preamble,    1 

Declaration  of  Rights 45 

I.   Elective  Franchise, 8 

II.    Executive  Department, 24 

III.  Legislative  Department, 55 

IV.  Judiciary  Department, 

Part  1.  General  Provisions, ....   (§  1-16) 

2.  Court  of  Appeals, (§  17-23) 

3.  Circuit  Courts, (§  24-30) 

4.  Courts  of  Baltimore  city,  (§  31-42) 

5.  Orphans'  Court, (§  43-46) 

6.  Justices  of  the  Peace, . .  (§  47-48) 

7.  Sheriffs,  : (§  49-50) 

V.   Attorney-General, (  §1-6) 

State's  Attorneys, (§7-11) 

VI.    Treasury  Department, .  . .  .* 6 

VII.    Sundry  offices, 9 

VIII.    Education,   6 

IX.   Militia  and  Military  Affairs, 3 

X.   Counties  and  Townships, 2 

XI.   Amendments  of  the  Constitution 3 

XIL   Schedule,  (§17) 

Vote  of  the  Constitution, (§  8-10) 

Soldiers's  Vote, (§  11-16) 

MASSACHUSETTS. 
Chapters.  Articles. 

Preamble, 

Part  1.  Declaration  of  Rights, XXX 

2.  Frame  of  Government, 

I.    Legislative  Power, 

The  General  Court. (§  1)  IV 

Senate (§2)         IX 

House  of  Representatives, (§3)        XI 

II.   Executive  Power, 

58 


Cqaptebs.  Articles. 

Governor,  (§  1)     XIII 

Lieutenant-Governor, (§2)        III 

Council  and  the  manner  of  setthng 

elections  by  the  Legislature . . .  (§  3)  VII 
Secretary,     Treasurer,     Commissary, 

&c.,    (§4)  II 

III.  Judiciary  Power, V 

IV.  Delegates  to  Congress, 

V.  The   University   at  Cambridge,   and 

encouragement  of  Literature,  &c., . 

The  University, (§1)     •    III 

The  encouragement  of  Literature, 
&c. (§2) 

Oaths  and  Subscriptions  :  incompati- 
bility of,  and  exclusion  from  offices ; 
pecuniary  qualifications ;  commis- 
sions; writs;  confirmation  of  laws; 
habeas  corpus ;  the  enacting  style ; 
continuance  of  officers ;  provision 
for  a  future  revisal  of  the  Constitu- 
tion,           XI 

Articles  of  Amendment, XXVI 

MICHIGAN. 
Articles.                                                                 Sections. 
I.   Boundaries,  1 

II.  Seat  of  Government, 1 

III.  Division  of  the  Powers  of  Government, .     2 

IV.  Legislative  Department, 48 

V.   Executive  Department, 19 

VI.   Judicial  Department, 35 

VII.   Elections, 8 

VIII.   State  Officers, 5 

IX.    Salaries,   1 

X.   Counties, 11 

.  XL   Townships, 2 

XII.   Impeachments  and  Removals  from  Office,  8 

XIIL   Education,  11 

XIV.   Finance  and  Taxation,  14 

XV.    Corporations, 16 

XVI.   Exemptions, 5 

XVII.   Militia,   3 

XVIII  Miscellaneous  provisions, 15 

XIX.   Upper  Peninsula 9 

XX.   Amendment  and  Revision  of  the  Consti- 
tution,    2 

Schedule, 29 

Resolutions, 1 

MINNESOTA. 
Articles.  Sections. 

•  Preamble * 1 

I.   Bill  of  Rights, 17 

II.   Name  and  Boundaries, 3 

III.  Distribution  of  the  Powers  of  Govern- 

ment,       1 

IV.  Legislative  Department, 37 

V.   Executive  Department, 9 

VI.  Judiciary, 15 

VII.   Elective  Franchise, 7 

VIII.   School  Funds,  Education  and  Science, ...     8 
IX.    Finances  of  the  State,   and  Banks  and 

Banking, 13 

X.   Corporations  having  no  banking  privi- 
leges,       4 

XL   Counties  and  Townships, 6 

XII.   Mihtia,  1 

XIIL    Impeachment  and  Removal  from  Office, .   13 

XIV.   Amendments  to  the  Constitution, 2 

XV.   Miscellaneous   Subjects, 5 

Schedule, 22 

Amendment, 

MISSISSIPPI. 
Articles.  Sections. 

I.   Declaration  of  Rights, 30 

II.    Distribution  of  Powers, 2 

III.  Legislative  Department, 31 

IV.  Judicial  Department, 28 

V.   Executive  Department, 20 


230 


ABTICLE3. 

VI. 
VII. 
VIII. 


Sections. 


Militia, 3 

Impeachments, 3 

General  Provisions, 18 

Abolition  of  Slavery, 1 

Additional  Article, 1 

Mode  of  Revising  the  Constitution, 1 

Schedule, 7 

Ordinance    in  relation  to  special  Courts 

of  Equity, 1 

Ordinance  to  confer  certain  powers  upon 

the  Legislature, 1 


Abticles. 

I. 

II. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 


MISSOURI 

SBCTI0N8. 

Preamble, 1 

Declaration  of  Rights, 32 

Right  of  Suffrage, 26 

Distribution  of  Powers, 1 

Legislative  Department, 35 

Executive  Department, 26 

Judicial  Department, 26 

Impeachments, 2 

Banks  and  Corporations, C 

Education, 9 

Militia, 3 

Miscellaneous  Provisions, 16 

Mode   of   Amending  and  Revising  the 

Constitution, ■  •  •  3 

Provisions  for  putting  Constitution  into 

force, S) 

Ordinances  adopted  by  the  Convention, . 


Abticles. 

I. 
II. 


NEBRASKA. 

Sections. 

Preamble,    1 

Declaration  of  Rights, 20 

Legislative  Department, 32 

Executive  Department 20 

Judiciary  Department, 10 

Finance, G 

Eminent  Domain, 3 

Education, 2 

Corporations, 4 

Amendments, 1 

Boundaries 1 

Schedule, 7 

Appendix,  12 


NEVADA. 


Sections. 


Abtici.es. 

Preamble,    1 

I.  Declaration  of  Rights, 20 

II.  Right  of  Suffrage, 8 

III.  Distribution  of  Powers, 1 

IV.  Legislative  Department, 35 

V.  Executive  Department, 22 

VI.  Judicial  Department, 18 

VII.  Impeachment  and  Removal  from  Office, .  4 

VIII.  Municipal  and  other  corporations, 10 

IX.  Finance  and  State  Debt, 4 

X.  Taxation, 1 

XL  Education, 9 

XIL  MiUtia,  2 

XIII.  Public  Institutions, 3 

XIV.  Boundary,  1 

XV.  Miscellaneous  provisions, 14 

XVI.  Amendments,   2 

XVII.  Schedule, 26 

Election  Ordinance, 14 

NEW  HAMPSHIRE. 

Articles. 

Part  1.  BiU  of  Rights, 38 

2.  Form  of  Government, . .         (§1) 

General  Court, (§  2-8) 

House    of    Representa- 
tives,     (§  9-24) 

Senate, (§  25-40) 

Executive  Power — Gov- 
ernor,   (§  41-59) 

Council, (§  60-66) 


Articles- 
Secretary,        Treasurer, 
Commissary-General, 

&c., (§67-70) 

County  Treasurer,  etc., . .  (§  71-72) 

Judicial  Power (§  73-81) 

Clerks  of  Courts, (§82) 

Encouragement  of  Liter- 
ature,         (§  83) 

Oaths  and  subscriptions : 
exclusion  from  offices; 
commissions ;  writs ; 
confirmation  of  laws; 
habeas  corpus; 
the  enacting  style ; 
continuance  of  officers; 
provisions  for  a  future 
revision  of  the  Consti- 
tution, etc., (§  84-101) 

Amendments. 


NEW  JERSEY. 


Abticles. 

I. 

IL 
IIL 


Sections. 


Preamble,    1 

Rights  and  Privileges, 19 

Right  of  Suffrage, 1 

Distribution  of  the  Powers  of  Government,     1 

Sub-Sections. 
IV.   Legislative  Department : 

Power,  how  vested ;  Qualifications;  Elec- 
tions,   (pi)     3 

Senate;  Classification  of  Senators, ..(§  2)     2 

General  Assembly, (§3)     1 

Powers  and  Privileges  of  Legislature,  (§  4)     8 
Ineligibility  of  members  to  otlier  offi- 
ces  ; (§5)     3 

Revenue ;  Public  credit,   (P  6)     4 

Restrictions  upon  legislation, (§7)  10 

Oaths, (§8)     1 

Sections. 
V.   Executive  Department, I4 

Sub-Sections. 
VI.   Judiciary  Department : 

Judicial  Power,  how  vested, (§1) 

Court  of  Appeals, (§2) 

Impeachments,  (§3) 

Chancellor;  Court  of  Chancery,  ....(§  4) 

Supreme  Court, (§5) 

Inferior  Courts  of  Common  Pleas, . . .  (^  6) 

Justices  of  the  Peace, (§7) 

VII.   Appointing  power  and  tenure  of  office, 

Military  officers, (§1)  10 

Civil  officers, (§2)  11 

VIII.   General  provisions, 4 

IX.   Amendments,   1 

X.   Schedule, 12 


Articles. 


NEW  YORK— 1777. 

Preamble,  embracing  the  Declaration  of 
Independence. 
I.  No   authority  allowed   but   such   as   is 
derived  from  the  people. 
II.  Legislative  power  vested  in  two  distinct 
bodies. 

III.  Council  of  Revision  ;  Veto  power. 

IV.  Assembly  and  Assembly  Districts. 

V.  Census  of  Electors,  at  intervals  of  seven 
years. 

VI.  Mode  of  election  by  ballot,  with  power  of 

repeal. 

VII.  Qualifications  of  electors  for  Assembly. 
VIII.  Oaths  of  electors. 

IX.  Rights  and  privileges  of  the  Assembly. 
X.  Senate,  and  quaUfications  of   Senatorial 

electors. 
XL  Term  and  classification  of  Senators. 
XII.  Senatorial  Districts ;  increase  in  number 
of  Senators. 

XIII.  Disfranchisement  only  allowed  by  law, 

on  the  judgment  of  peers. 

XIV.  Adjournments  of  the  Legislature. 


2S1 


ASTIOLEB. 

XV.  Conferences  of  tho  two  Houses  ;    open 

sessions ;  journals  and  their  publication. 

XVI.  Limit  to  number  of  members  iu  Senate 

and  Assembly. 
XVII.  Executive  power,  how  vested;  election 

of  Governor. 
XVIII.  Term  and  Powers  of  Governor. 
XIX.  Duties  of  Governor. 
XX.  Election     and    Duties     of   Lieutenant- 
Governor. 
XXI.  President  of  the  Senate  to  act  as  Lieu- 
tenant-Governor. 
XXII,  Treasurer;  his   appointment  by   special 
act. 

XXIII.  Council  of  Appointment 

XXIV.  Tenure  of  offices. 

XXV.  Judicial  officers  forbidden  to  hold  other 

offices. 
XXVL  Sheriffii;    Coroners. 
XXVII.  Registers  and  Clerks  in  Chancery  and  in 

other  courts ;  Attorneys,  &c. 
XXVIII.  Tenure  of  office  when  not  fixed ;  Com- 
missions to  Judges  and  Justices. 
XXIX.  Town  and  county  officers. 
XXX.  Delegates  in  Congre-ss. 
XXXI.  Style  of  Laws  and   of   writs,  or  other 
proceedings. 
XXXII.  Trial  of  Impeachments  and  Correction  of 
Errors. 

XXXIII.  Power  of  Impeachment  vested  in  the 

Assembly. 

XXXIV.  Counsel  allowed  to  persons  on  trial  on 

impeachment  or  indictment. 
XXXV.  Continuance  of  laws. 
XXXIV.  Confirmation  of  Colonial  grants. 
XXXVII.  Restriction  upon  sale  of  land  by  Indians. 
XXXVIIL  Religious  freedom. 
XXXIX.  Exclusion  of  Ministers  and  Priests  from 
office. 
XL.  Militia ;  Magazines  of  warlike  stores. 
XLI.  Trial   by    jury ;    attainder ;    prohibition 

against  new  courts. 
XLII.  Naturalization  of  aliens. 

Amendments  of  1801,  in  five  articles. 

NEW  YORK— 1821. 
ABT1CLB8.  Sections. 

Preamble, 1 

I.  Legislative  Department, 16 

II.  Elections ;  right  of  suffrage 4 

III.  Executive  Department, 7 

IV.  Militia;  State  officers;  judicial   officers; 

Sherifls;  Clerks  of  courts;  tenure   of 

offices, 16 

V.   Judicial  Department, 7 

VI.   Oaths  of  office, 1 

VII.  Bill  of  Rights ;  school  fund ;  canal  fund  ; 
prohibition  against  lotteries  or  the  sale 
of  Indian  lands ;  continuance  of  laws 

and  of  grants, 13 

VIII.   Amendments  to  the  Constitution 1 

IX.   Schedule, 2 

AMENDMENTS. 

1.  Election  of  Justices  of  the  Peace. 

2.  Extension  of  the  franchise. 

3.  Allowing  a  reduction  of  duties  on  salt. 

4.  Election  of  Mayors  in  cities. 

5.  Restoration  of  salt  and  auction  duties  to  general 

fund. 

6.  Election  of  Mayors  in  cities. 

7.  Removal  of  property  qualifications  for  office. 

8.  Removal  of  judicial  officers. 

NEW  YORK— 184G. 
Articles.  Sbctionb. 

Preamble,    1 

I.   Bill  of  Rights ;  Continuance  of  laws  and 
of  grants, 18 

II.  Elections, 5 

III.  Legislative  Department, 17 


AKTICLES.  SBCnONS. 

IV.   Executive  Department, 9 

V.   Administrative  Department, 8 

VI.   Judicial  Department, 25 

VII.   Canal  Revenues ;  Finance ;  Public  debts,  14 

VIII.   Corporations, 9 

IX.   Common  School  and  Literature  Funds, . .     1 
X.   County  Offices,  tenure  of  office;    Politi- 
cal year ;  Removals  from  office, 8 

XL   Militia,  6 

XII.   Oaths  of  office, 1 

XIII.  Amendments  and  Revision  of  the  Consti- 

tution,       2 

XIV.  Schedule 13 

AMENDMENT. 

Canal  Finances. 

NORTH  CAROLINA. 
Abticles.  Sections. 

Declaration  of  Rights, 25 

Constitution"  agreed  upon  in  177C, 46 

Amendments,  1835. 
I.   Legislative  Department,  (16  sub-sections),     4 
II.    Executive  Department, 5 

III.  Judicial  Department,  (6  sub-sections), ...     4 

IV.  Miscellaneous  Provisions,  (6  sub-sections),     4 
Amendment  of  1854.     Preamble  and  one 

section. 
Ordinance  prohibiting  slavery, 1 


OHIO. 
Articles.  Sections. 

Preamble,    1 

I.   Bill  of  Rights 20 

II.   Legislative  Department, 32 

in.   Executive  Department, 20 

IV.   Judicial  Department, 20 

V.   Elective  franchise, 6 

VI.   Education, 2 

VII.    PuUic  Institutions, 3 

VIII.   Public  debt  and  public  works, 13 

IX.   Militia,  5 

X.   County  and  Township  Organizations, ....     7 

XI.    Apportionment,   (§  1-11.) 

Judicial  Apportionment, (§  12-13.) 

XII.   Fin.ance  and  Taxation, 6 

XIII.  Corporation 7 

XIV.  Jurisprudence, 3 

XV.   Miscellaneous, 8 

XVI.   Amendments, 3 

Schedule, 19 


OREGON. 


Sections 


Abticles. 

Preamble,    1 

I.  Bill  of  Rights, 34 

II.  Suffrage  and  Elections, 17 

III.  Distribution  of  Powers, 1 

IV.  Legislative  Department, 31 

V.   Executive  Department,    18 

VI.   Administrative   Department, 9 

VII.   Judicial  Department, 21 

VIII.   Education  and  School  Lands, 5 

IX.   Finance, 8 

X.   Militia, 5 

XI.   Corporations  and  Internal  Improvements,  10 

XII.    State  Printer, 1 

XIII.  Salaries, 1 

XIV.  Seat  of  Government, 3 

XV.   ^Miscellaneous  Provisions, .....' 8 

XVI.   Boundaries, 1 

XVII.   Amendments,  2 

XVIII  Schedule, 11 

PENNSYLVANIA- 
ARTICLES.  Seotionb. 

Preamble,    1 

I.   Of  the  Legislative  Department, 25 

II.  Of  the  Executive  Department, 15 

III.  Of  Elections 4 

IV.  Of  Impeachment, 3 


232 


Abtict-is.  Sections. 

V.   Of  the  Judicial  Department, 11 

VI.   Sheriffs  and  Coroners, 10 

Til.    Education 4 

Till.   Oaths  of  Office, 1 

IX.   Declaration  of  Rights, 26 

X.   Of  Amendments, 12 

Schedule 1 


AMENDMENTS. 


XI. 
XII. 


Of  Public  Debts, 7 

Of  New  Counties, 

Of  Repeal  of  Charters, 

Of  Elections  in  the  military  service. 

RHODE    ISLAND. 
Abticles.  Sections. 

I.  Declaration  of  Rights 23 

II.  Qualification  of  electors, 6 

III.  Distribution  of  Powers, 1 

IV.  Legislative  Powers, 18 

V.  House  of  Representatives, 2 

VL   Senate, 4 

VII.  Executive  Power, 12 

VIIL   Elections,    10 

IX.   Qualifications  for  office, 6 

X.  Judicial  Power, 7 

XI.   Impeachments, 3 

XII.   Education, 4 

XIII.   On  amendments, 1 

XrV.   On  the  adoption  of  this  Constitution,  ...  4 

Articles  of  amendment, 4 

SOUTH  CAROLINA. 
Abticlis.                                                                      Sbctions. 
Preamble, 1 

I.  Legislative  Department, 30 

II.  Executive  Department, 21 

III.  Judicial  Department 3 

IV.  Elections  and  right  of  suffrage, 1 

V.  Oaths  of  office, 1 

VI.  Impeachments, 5 

VII.   Treasurer  and  Secretary  of  State, 3 

VIII.  Continuance  of  laws, 1 

IX.    Bill  of  Rights, 11 

X.  Taxation, 1 

XI.  Offices  at  seat  of  government, 2 

XII.   Alterations  and  amendments, 2 

Ordinances, 6 

TENNESSEE. 
Abticles.  Sections. 

Preamble, 1 

I.  Declaration  of  Rights, 32 

II.  Legislative  Department 31 

III.  Executive  Department, 17 

IV.  Elections, 4 

V.  Impeachments, 5 

VI.  Judicial  Department, 15 

VII.  County  officers, 5 

VIIL  Militia, 3 

IX.   Ineligibility  and  disquaUfication  for  office,     3 
X.   Miscellaneous  Provisions, 5 

XI.  Continuance   of  laws ;   restrictions   upon 

legislation, 12 

Schedule, 3 

Ordinance, 5 

Amendments, 5 

TEXAS. 
Abticxjbb.  Sections. 

Preamble, 1 

1.    Bill  of  Rights, 21 

II.  Distribution  of  the  powers  of  government,     1 

III.  Legislative  Department, 33 

IV.  Judicial  Department, 20 

V.   Executive  Department, 23 

VI.  Militia, 4 

VII.  General  Provisions ;  Amendments  to  the 

Constitution, 39 

VIIL   Freedmen, 2 

IX.   Impeachments,  6 


Abticles.  Sections. 

X.  Education, 11 

XL   Fictitious  claims  void, 1 

XII.   Land  office, 1 

VERMONT. 

AnTICLES. 

Part  I,  Declaration  of  Rights, 21 

II.  Frame  of  Government  (including 
Legislative,  Executive  and  Ju- 
dicial Departments,  Miscellane- 
ous Provisions,  &c.) 43 

Amendments, 23 

VIRGINIA. 
Articles.  Sections. 

Bill  of  Rights, 

Preamble  of  Constitution. 

I.  Sanction  of  the  Bill  of  Rights, 1 

II.  Division  of  powers, 1 

III.  Qualification  of  voters, 4 

IV.  Legislative  Department, (§  1-6) 

Qualifications    of    Senators    and    Dele- 
gates  (§7) 

Powers  and  Duties  of  the  General  Assem- 
bly,  (§8-18) 

Slavery  or  Freedom (Ji  19-29) 

General  Provisions, (§  30-35) 

V.  Executive  Department ;  Governor,  (?  1-7) 

Lieutenant-Governor, (§  8-10) 

Secretary   of  the  Commonwealth,  Treas- 
urer and  Auditor, (i?  11-13) 

Board  of  Public  Works, (§  14-18) 

Militia (§19) 

VI.  Judiciary  Department, , (§l) 

Judicial  Divisions, (§  2-5) 

Circuit  Courts, (I  6-7) 

District  Courts, (§  8-9) 

Court  of  Appeals, (§  10-13) 

General  Provisions, (§  14-23) 

County  Courts, (§  24-28) 

County  Officers, (§  29-31) 

Corporation  Courts  and  officers,  (§  32-33) 

Schedule, 5 

Ordinances. 

WEST   VIRGINIA. 
Articles.  Sections. 

I.   The   State,    (Boundaries,   Distribution  of 

Powers,  &c.), 7 

II.  Bill  of  Rights, 10 

III.  Elections  and  officers, 12 

IV.  Legislative  Department, 39 

V.  Executive  Department, 8 

VI.  Judicial, 17 

VII.  Counties  and  Townships, . 14 

VIII.    Taxation  and  Finstnce, 8 

IX.    Forfeited  and  unappropriated  lands, 6 

X.  Education, 4 

XI.  Miscellaneous  Provisions, 9 

XII.  Amendments, 2 

WISCONSIN. 
Articles.  Sections. 

Preamble, 1 

I.    Declaration  of  Rights, 22 

II.   Boundaries,  2 

IIL   Suffrage, 6 

IV.   Legislative  Department, 30 

V.   Executive  Department,  10 

VI.  Administrative  Department, 4 

VII.  Judiciary, 23 

VIII.  Finance, 3 

IX.   Eminent   domain   and   property    of   the 

State, 3 

X.   Education, 8 

XI.  Corporations 5 

XII.   Amendments, 2 

XIII.  Miscellaneous  Provisions 10 

XIV.  Schedule, 15 

Resolutions. 


INDEX. 


Page. 

Absence  does  not  deprive  of  suffrage  in  certain  cases, 36,    37 

Acadamies,  ftind  in  aid  of. 178 

Accountability  of  public  officers,  4 

Accounts,  private,  legislature  may  not  audit, 78 

Adjournments  of  legislature, 72,    73 

Adjutant-General,  appointment  of, 203,  204 

Adoption  of  children,    22 

of  constitntion,  mode  of, 209,  210,  211,212,  213 

Advice  of  Senate  on  nominations, 84 

Affinity,  judges  may  not  try  causes  where  connected  by, 150 

Africans,  education  of, 182 

Age  of  electors, 30,    31 

of  Governor, 81 

ofJudges 127,128,  129 

of  members  of  Legislature, 60 

Agricultural  lands,  leases  of,  23 

products,  corporations  as  carriers  of, 18 

Ayes  and  noes  on  passage  of  laws, 75,  76,    77 

Alabama  Constitution,  arrangement  of  subjects, 227 

Alienation  of  homesteads, 28 

Aliens  may  become  citizens, 4 

residence  of 31 

rights  of, 25 

Alimony,  causes  relating  to, 23 

Allegiance  of  electors, 33 

to  the  American  Union, 3 

oaths  of, 205,  206,  2fn,  208 

Allodial  tenure  of  lands, 23,    24 

Amendment  of  bille, 75 

to  Constitution. 209,  212,  213 

American  Union,  paramount  allegiance  to, 3 

Amnesty  of  President  restores  right  of  suffrage, 30 

Annexation  of  foreign  territory, 24 

Appeals,  Clerk  of  Court  of, 147 

Court  of, 110,  111,  113 

from  inferior  courts, 150,  152 

to  courts,  right  of, 23 

Appointing  power  of  Governor, 84 

of  Legislature,...   68 

Appointment,  Council  of, 92 

Appointment  of  judges, , 131,133,134 

of  justices  of  peace, 145,146 

of  militia  officers, 201,  202 

of  state  officers, 97,  98,  99,  100 

Appointments  to  office, 193 

not  to  be  given  to  legislators, 64,  65,    66 

Apportionment  of  members, 47^  48,  49,  53.  54,  55,  56,  57,    59 

Appraisal  of  property  taken  for  pubhc  use, 17,    18 

Appropriations,  laws  for, 20,  21,    77 

from  funds, 157 

limited  to  two  years, 157 

Arbitration,  settlement  by, 157 

Ardent  Spirits,  sale  not  to  be  authorized, 29 

Area  of  counties,  minimum, 175, 176,  177 

Arkansas  Constitution,  arrangement  of  subjects, 227 

Arms,  exemption  from  bearing 198,  203,  204 

Army,  crimes  in,  not  to  be  tried  by  jury, 5 

State,  Governor  to  command, 82,    83 

vote  of  soldiers  in 31,  32,  34,    37 

Arrangement  of  subjects  in  constitution, 227 

Arrest  of  legislators  forbidden, 74,    75 

privilege  from  at  election;^,  36 

Assembling,  right  of, 22 

Assembly,  now  composed, 46,    47 

and  Senate,  legislative  power  vested  in, 45 

apportionment  of, 53 

districts  to  be  arranged  by  supervisors, ,•54 

has  sole  power  of  impeachment, 107,108,109,  110 

Assessments,  prevention  of  abuses  in, 175 

to  be  uniform, IGi),  161 

Assessors,  election  of, 160,  161 

removal  of, 129 

Assistant  judges, 138 

Associate  judges,  term  of, 124,  125,  126 

Associate  justices  of  Supreme  Court, 114,115,  116 

Attainder  shall  not  work  corruption  of  blood, 2 

Attachment,  privilege  from,  by  legislators 74 

Attorney-General,  duty  of  in  suits  against  state, 19 

pay  of. 85 

removal  of, 85 

election  or  appointment  of,  ...  .97,  98,  99,  100,  101, 102,  103,  104 

qualitications  of, 104 

a  Commissioner  of  Land  Office, 106 

a  Commissioner  of  Canal  Fund, 106 

Attorneys,  for  state, 108,  104 

provisions  relating  to, 328 

Auditor-General,  election  of, 99 

removal  of, 85 

59 


Page. 

Auditor,  reeidence  of, 98 

Auditor,  state, lOl,  102,  103 

Ballot,  elections  by, 40,    43 

Banking  corporations, jgu,  170 

Bankruptcy  fraudulent,  excludes  from  snffhige, 36 

Banks,  general  provisions  relating  to, 170,  171,  172 

liability  of  stockholders, 173,  174 

special  charters  forbidden, 171,  172 

tax  fund  applied  for  schools, 179 

Battle-field,  reserved  to  State, 24 

Benevolent  Institutions, 174 

Bill-holders,  security  of, 173,  174 

Bills,  limit  upon  introduction  of, 75 

origin  of, 75,    95 

passage  of, 75,76,    77 

signature  of, 77 

may  be  vetoed  by  Governor, 92-96 

of  credit,  redemption  of, 30 

Binding, , 80 

Births,  marriages  and  deaths,  registration  of, .  38,  141 

registration  of, 38 

Blind,  institutions  for  the, 174 

Board  of  Commissioners  for  sale  of  school  lands, 187 

Board  ot  Education, 179,181,182,  184 

removal  of  members, 85 

Board  of  Internal  Improvements, 157,  158 

Board  of  Public  Works, 158,  159 

may  be  furmed 98 

Board  of  Regents, 186,  187  ' 

Board  of  State  Prison  Commissioners, 174 

Boards  of  Examiners  of  Claims, 174 

Boards  of  Supervisors, 193 

Books  furnished  to  Legislature, 80 

Boundaries  of  counties, 175, 176,  177 

Bribery  excludes  from  voting, 35,    36 

Bridges  over  navigable  streams, 34 

Brigadier-Generals,  election  of, 201,  202 

Bureau  of  Statistics  may  be  formed, 100 

Business  of  Legislature, 67,    68 

California  Constitution,  arrangement  of  subjects, 227 

Cambridge  Universitv, 186 

Canal  Board, 106 

Canal  Commissioners,  election  of, 105 

Canal  Fund, 159 

Commissioners  of, 106 

Canals  may  never  be  sold, 157 

provisions  relating  to, 154,  156,  156 

Canvass  of  election  returns, 39,  40,    44 

Capital  punishment  not  allowed  without  jury  trial, 17 

Capital  of  school  fund, «.  .178,  179,  180 

Capitation  taxes, 2, 168,  169 

Captains,  election  of, 201,  202,  203 

Causes,  appeals  from  inferior  courts, 150 

certain ,  judges  may  not  try, 150 

continuance  of  certain, ^ 

Census, 58,  54,  56,  57,    59 

Certiorari 122,  163 

Cession  of  lands  to  United  Slates, 24 

Chancellor, 112 

in  trials  of  impeachment, 107 

appointment  and  tenure  of  office, 113 

term  of, 134,  135,  126 

limited  continuance  of, 224,  225 

Chancery.  Couri  of, 111,112,113,  114 

continuance  of  suits  in, 228,  224 

records,  keeper  of, 24 

transfer  of  business  in, 152 

Character  of  voters  must  be  good, 32 

Charges  of  impeachment  must  be  served  upon  the  accused, .  109 

to  juries, 122 

Charitable  institutions, 174 

exempt  from  taxes, 160, 161,  162 

Chariers.  bank, 170,171,172 

colonial  confirmed, - 27 

Chief  Justice, 114,  115,  118 

Children,  adoption  of,  32 

Chinamen  excluded  from  voting, 35 

Churches,  property  of,  exempt  from  taxation, 160 

Circuit  Clerk, 103 

Circuit  Courts Ill,  112, 116, 117, 118,  119,  120 

Circuits,  judicial,  to  be  formed, 141, 142,  143 

Cities,  debt  of,  not  to  be  assumed  by  state, 159,  160 

incorporation  of, 162 

may  be  organized  into  counties, 176 

organization  of, 166,  167,  168 

taxation  by 166,167,  168 

Citizens  may  not  hold  foreign  office  or  title, 2,      3 

Citizenship, 30,31,32,    33 


23i 


Page. 

Citizeuship,  of  Governor, 81 

of  merabere  of  Legiclftture, 60 

Civil  officers,  offices  of, 11*5 

rights' may  not  be  impaired 3'» 

BUits,  tax  on ^ 147 

Claims,  Board  of  Examiners, 1T4 

ajiainsit  companiet*, 156 

Classification  of  judges, 124,1-25,126,  129 

of  senators 46,    47 

Clerks,  couutv ^   ^ 188,189,  190 

election  and  duties  of, 147,  149,  150 

of  county  courts, 149,150 

removal  of. 129,130,144 

of  Court  of  Appeals, 147 

first  election  of; 220 

Coast  defenses,  cession  of  lands  for, 34 

Code,  commissions  of,  ■  20,  162 

Colonial  laws,  valid 26 

Colored  i>ersons,  restrictions  upon  franchise, *    33 

Commander-in-Chief. 82,    83 

Commissarv-General,  appointment  of, 97,  903 

Commissioners  of  Canal  Fund, 10<i 

to  classify  Canal  Commissioners, Ut5 

Commissioners  of  code, 26,  152 

Commissioners,  county, 1!*2 

Commissioners  of  funds, 105 

Commissioner  of  Laud  Office, 24,  102,  lOtt 

election  of. i*8 

removal  of, 85 

Commissioners  to  appraise  property  taken, 17,    18 

Commissions,  ad  litem, 131 

Governor  to  sign, % 

how  to  run  and  how  attested, iH> 

of  judges 126,  131 

Justices  of  the  Peace, 145 

tenure  of, 193,  IIU 

military.  Governor  to  issue, 204 

tenureof, 302,  20:^ 

Committees  of  the  whole  to  sit  with  open  doore, 72 

Common  carriers,  corj>oratione  as, 18 

Common  law,  continued, 26 

Commons, 175 

Common  schools,  provisions  relating  to, 178-185 

Commonwealth's  attornev, 103,  104 

Compensation,  extra,  forbidden, 21 

of  members  of  Leijialature, 60,    61 

of  property  takers, 17 

Complroller,  State, 101,  102,  103 

election  of, 97,  98,  99,  100 

pay  of, 85 

a  Commissioner  of  Canal  Fund, 106 

a  Commissioner  of  Land  Office, 106 

Conciliatiun,  tribunals  of. 151 

Concurrent  elections  by  Legislature  to  be  viva  voce, 43 

Concurrent  jurisdiction, 24 

Concurrent  resolutions  may  be  vetoed, 92 

Congress,  election  of  Senators  to, 80 

members  to  hold  no  other  office, 64,  65,    66 

power  of, 2!* 

Congressional  Districts, 54,  55,    59 

Connecticut  Constitution,  arrangement  of  subjects, 227 

Consanguinity,  judges  not  to  trj-  causes  when  connected  by,.  150 

Consent  of  owners  for  taking  of  property, 17,    18 

Constables,  removal  of, 129 

Constitution,  no  laws  not  warranted  by,  may  be  passed,  ...     28 

of  United  Stales  paramount, 29 

Stale,  not  to  be  altered  except  as  therein  provided,    29 

amendment  of, 209-216 

continuance  of  officers  under 219 

publication  of, 224,  225 

date  of  goin^  into  effect, 226 

supremacy  of. 220 

laws  for  carrying  into  effect, 226 

Contagious  diseases,  adjoummente  on  account  of, 72,    73 

Contempt  of  court, 17 

Contested  elections, 40,  41,  43,  44,  45,  102 

for  Oovcrn(lr 82 

of  State  officers, 99 

Continuance  of  laws  and  grants,     25 

Continuance  of  legal  proceedings  under  Constitution,  . .  .221-223 

of  offices  under  Constitution, 219,  220,  221,  225 

Contracts,  extra  compensation  forbidden, 21,  159 

may  not  be  impaired, 26,    27 

members  of  the  Legislature  not  to  be  interested  in, 80 

for  public  printing 79 

State,  members  ot  Legislature  to  have  no  interest  in, .  .64,    65 

Controller.  State, 102 

Convention,  acts  of,  valid, 25 

Convicts  should  be  seen  at  labor, 29 

Coroners,  election  of, 104,188,189, 190,  191 

removal  of, 127 

residence  of, li*5 

Corporation,  definition  of  term, 170 

courts 111,112,  147 

Corporations  as  common  carriers, 18 

laws  creating,  must  be  passed  by  two-thirds  vote, 20,    21 

claims  of,  to  be  enforced, 15<) 

loan  of  State  credit  to,  forbidden, 157 

loan  of  State  credit  to, 159,  160,  161 

taxation  by, 163 

formed  under  general  laws, 169,  170 

dues  from, 170 

property  taken  by, 170 

rights  and  liabilities  of, 170 

liability  of  stockholders 173,  174 

Correction  of  Errors,  Court  for, 107 

Costs  of  legal  proceedings, 122 

Council, i>2,93,    94 

members  may  be  impeached, 109 

of  appointment, 92 

of  pardons,  . . , 86 

of  revision 92 

advice  of,  in  adjournments  of  Legislature, 72 

Counsel,  right  of, 5,  6,    17 

allowed  in  trials  of  impeachment, 107,108,109,  110 

Buitors  may  select  their  own, 128 


Page. 

Counsel,  members  of  Legislature  not  to  serve  as, 79 

State  officers  forbidden  to  act  against  State, 19 

Counties,  debts  of,  not  to  be  assumed  by  State, 159.  160 

erection  of  new, 175,  176  177 

organization  of, 166,  167,  168 

representation  of, 54,    56 

taxation  by 166, 167,  168 

County  attorneys, 128 

clerk 104 

election  of, 147, 149,  150 

to  serve  as  clerks  of  Supreme  Court, 147 

commissioners, 192 

courts, 112, 118, 119,  120,  144,  145 

j  udges,  election  of, , 137 

officers, 188,  189,  190,191,  193 

seats,  change  of, 175, 176,  177 

officers  to  reside  at,    ....  195 

Court  of  Appeals 110,  111,112,  113 

judges  of;  m  trials  of  impeachment, 107 

classification  of  judges, 129 

clerk  of, 147 

removal  of  decisions  of  inferior  courts  to, 150 

organization  of,  162 

first  elections 220 

Court  of  Chaucerj', 113,  114 

Court  of  Claims 144 

Court  for  Correction  of  Errors, 107 

transfer  of  cixses  to  Court  of  Appeals, 152 

Court  of  Errors  and  Appeals, Ill,  112 

Court  for  trial  of  impeachment, 107 

Courts,  clerks  ofj 147,  148,  149 

Courts  of  conciliation,   151 

Courts,  jurisdiction  of,  121,  122 

Legislature  may  establish, 112,  141 

may  alter  jurisdiction  of,  117,  118 

local, 147 

new,  may  not  be  instituted 4 

privileges  of,  not  to  be  abridged ^ 76 

to  be  open, 5,    17 

Courts-martial, 199,  200 

Credit,  local,  restrictions  upon, 175 

of  counties,  towus,  &c., 166, 167,  168 

of  S-tJite,  not  to  be  loaned  or  given 157,  159,  160,  161 

Criminal  conviction  excludes  from  voting,.  .   35,    36 

Culler's  office  abolished, 106 

Damages  fur  roads  to  be  paid, 17,    18 

Darns  in  navigable  streams, 24 

Deaf  and  dumb,  institutions  for, 174 

Deaths,  registration  of, 141 

Debate,  freedom  of,  in  Legislature, 74 

Debt,  canal,  '.   154,155,  156 

of  corporations,  how  secured, 173,  174 

laws  creating, 77 

loctl,  not  to  be  assumed  by  State, 159,  IfiO 

mode  of  contracting,  specified, 166 

obligation  of,  may  not  be  impaired, 96,    12 

rest  rictious  upon  local, 175 

State, 162,  163,  164,  165,  166 

to  suppress  insurrection  or  repel  invasion I(i3,  164,  105 

Decisions  of  courts,  publication  of, 147,  148,  151 

of  inferior  courts,  appeals  from, 150 

upon  qualifications  of  legislators, 68,    69 

Decrees  of  inferior  courts,  removal  of, 150 

Deductions  from  salaries, 21 

Defalcation  excludes  from  sulfrage   36 

Defects  in  instruments  and  proceeding, 121 

Defense,  right  of,  before  courts, 5 

Defenses,  coast,  cession  of  land  for, 24 

Deficiencies  in  revenue 162 

Definition  of  term  "Corporation," 170 

Delaware  Constitution,  arrangement  of  subjects, 227 

Delays  injustice  forbidden, 5 

Delei:ates,  House  of, (see  Legislature.) 

Deodands,  prohibited 2 

Departments  of  Government, 45 

Depots,  right  to  take  lands  for, 18 

Disagreement  upon  adjournments, 72,    73 

Disfranchisement,  1 

Disorderly  conduct  in  legislature, 68,    (M* 

Disqualifications  from  voting, 33,  35,    36 

Dissent  from  legislative  i>roceedings  may  be  recorded, . . .  70,    71 

Distempers,  adjournments  on  account  of, 72,    73 

Distribution  of  laws, 80 

District  Attorneys, 128 

election  of, 188,  191 

District  Courts, Ill,  112,117,  118,  121,  122 

Districts,  Assembly, 53,  54,    55 

Judicial,  to  be  formed, ..141,142,143 

Senatorial, 51,  62,  53,  54,    58 

Divorces,  laws  not  to  be  passed  for, 78 

when  and  how  granted, 22,    23 

Donations  for  school  purposes, 182,  183 

Doors  of  Legislature  open, 70,  71,    72 

DiWing  disqualifies  from  voting, 36 

prohibitetl, 17,    27 

Dues  from  corporations, 170 

Duration  of  appointments, 193.  194 

Education,  provisions  relating  to, 178-187 

no  classes  to  be  excluded  from, 178,  182 

Election  districts,  39 

of  Attorney-General, 103,  104 

of  Canal  Commissioners, 105 

of  clerk  of  Court  of  Appeals, 147 

of  County  Clerks 147,  149,  150 

of  County  Judges, 137 

of  county  officers, 188,  189,  190,  191,  192 

of  Governor, 43,    44 

of  judges,  131,132.13:^,1^,147 

of  Justices  of  Peace, 143,  144,  145.  146 

of  legislators, 49,  50,  69,  70,    71 

of  milifary  officers, 199,  201,  202 

of  prosecuting  attorneys, 128 

of  State  Engineer  and  Surveyor, 105 

of  State  officers 97,  98,  99,  100 

of  State  Prison  Inspectors, 105 

of  Treasurer  and  Comptroller, 101, 102,  103 


235 


Page- 

Election,  first  under  Constitution, 193,  210,  217,  218,  22o 

first,  of  Judijetf,   220 

to  fill  vacancies, 197,198,  199 

for  adoption  of  Constitution, 209,  210,  211,  212,  213 

Elections,  by  ballot  or  viva  voce, 43 

contested, 32,  40,  41,  43,  44,    45 

day  on  which  held, 66 

manner  of  holding  and  reporting, 38,  39,  40,  41,  44,    45 

place  of,  when  dangerous, 39 

provision!*  concerning, 30-36 

should  be  frcqnent 30,    33 

time  of,  to  be  fixed  by  law, 193 

privileges  of, 36,    37 

Eligibility  of  electors, 32,    33 

, Elisors,  appointment  of, 190 

Emancipation  of  minors, 22 

Embargoes,  Governor  may  lay, 85 

-Embezzlement  disqualifies  from  office, . .42,    43 

excludes  from  suffrage, 36 

Emigration  free, 2 

Eminent  domain, 23,    24 

Enacting  clause  of  laws, 75 

English  language,  ignorance  of,  not  to  exclnde  from  office, . .    29 

laws  to  be  published  in, 26,  151 

English  laws,  certain,  continued, 4 

Enmrgeraent  of  canals,  155 

Entailments,  laws  may  not  be  passed, 25 

Equalities  of  mankind, 2,  3,      4 

Equity,  testimony  in  cases  of, 129 

Errors,  correct  ion  of, 152 

court  for  correction  of, 107 

transfer  of  cases  to  Court  of  Appeals, 152 

proceedings,  remedy  of, 121 

Error,  writs  of, 153 

Escheats,  23,    24 

Estates  of  intestates, 25 

Executions,  exemptions  from, 28,    29 

Executive  (U;partinent, 80 

Executive  powers  vested  in  Governor 80 

to  be  distinct  from  legislative  or  judicial, 45 

Executive  sessions  of  Senate, 84 

Exemption  of  certain  property  from  taxation, 29 

Exemptions,  homestead, 28,    29 

militia, 198,  203,  204 

surgeons  may  grant 204 

Exile  of  citizens  prohibited, 9 

Expenses  of  Legislature, 80 

Exportation  of  commodities,  Governor  may  restrain, 85 

Ex  post  facto  laws  forbidden, 6 

Express  charges  for  Legislature, 80 

Expulsion  of  members  of  Legislature, .  T 68,  69,    70 

Extra  compensation  forbidden, 21,  159 

Facts,  juries  may  determine, 5 

fees,  clerks  may"  not  use, 148 

extra,  forbidden, 21,    22 

Judges  may  not  receive,  123,  150 

members  of  Legislature  may  not  receive, 79 

public  officers  furbidden  to  receive, 19 

State  officers  not  to  receive, 97,  99,  100 

Eelony  excludes  from  suffrage, 35,    36 

privilege  not  extended  in  case  of, 74,    75 

Females  to  have  eqnal  rights  in  education, ISO 

Feudal  tenures 23,    24 

Field  officers,  election  of, 201,  202 

Financial  officers  of  the  State, 101,  102,  103 

Fines  and  other  restraints  upon  alienation  void, 24 

for  disorderly  conduct  in  legislature, 69 

remission  oT\ 86,    87 

moneys  from,  applied  to  town  libraries, 188 

military,    200 

Fires,  property  taken  or  destroyed  in  case  of^ 18 

Fiscal  year, 19<i 

Fishing,  right  of, 30 

Florida  Constitution,  arrangement  of  subjects, 228 

Foreigners  may  acquire  privileges  of  citizens, 4 

rights  of, 25 

Foreign  offices  and  gifts  may  not  be  held  by  citizens, 2,      3 

Forfeiture  of  lands, 24 

Forfeitures,  remission  of, 86,    87 

Freehold  qualifications  of  Governor, 81 

of  members  of  the  Legislature,  60 

of  voters, 30,31,    32 

Freeholders,  juries  of,  to  appraise  damages, 17,    18 

Freedmen,  trial  of, 5 

Ereedom  secured  by  rotation  in  office, 2 

religions, 7 

of  speech  and  of  the  press, 19,    20 

of  speech  in  Legislature, 74 

Fuel,  expense  of, 29,    80 

Fugitives  from  justice  excluded  from  privileges, 2 

Fulton  county  to  elect  with  Hamilton, 56 

Euudamental  principles, 28 

Fund,  canal, 159 

literature, 185 

military, 200 

school, 178-185 

Funds,  commissioners  of, 105 

inviolability  of, 105 

payments  from,  regulated 157 

Gambling  houses,  license  of, 23 

Ganger's  office  abolished, 106 

General  Assembly (see  Legislature.) 

General  Court (see  Legislature.) 

General  laws  for  formation  of  corporations, 169,  170 

for  formation  of  villages,  &c., 166, 167,  168 

■General  Sessions,  Court  of. , Ill 

General  terms  of  Supreme  Court, 118 

Georgia  Constitution,  arrangement  of  subiects, 228 

Good  behavior,  no  office  to  extend  beyond, 2 

<3overnment.  distributi(m  of  powers, 45 

instituted  for  the  common  good, 2 

powers  of,  reside  in  people, 3 

<jovernor,  appointing  powers  of, 84 

beginning  of  term 82 

contested  election  for,  how  decided, 82 


Page. 

Governor,  elections  of, 43,  44,    82 

general  powers  of, 85 

executive  power  vested  in, go 

impeachment  of, 88, 90,  91,  107, 108, 109,  110 

may  call  forth  militia, 198,  199 

may  commission  judges,  ad  litem, 131 

may  convene  Legislature, 73,    74 

may  lay  embargoes, 85 

may  remove  sheriffs  and  certain  other  officers, ..."...  188 

may  remove  from  office  in  certain  cases, 85 

may  require  opinions  of  public  officers, 87 

may  require  report*  from  officers, 83 

may  suspend  Treasurer  from  office, 106 

pardoning  power  of, .*.'..'    86 

power  of,  as  commander-in-chief, .'..'.'.'...*.. 82^    83 

power  to  adjourn  Lej^islature, ! ! " !  !72l    73 

I>ower  of  removing  Judges, i^Q   130 

qualificatious  of, ^.. .   '    81 

salary  of,   .V.  .T. .  .8^    85 

term  of, 82 

title  of, ][[[[     80 

to  appoint  certain  military  officers, ,2(b'  203 

to  commission  Secretary, 97 

to  communicate  by  message, 83 

o  examine  accounts  of  Treasurer, ......'.    83 

to  fill  vacancies  in  certain  judicial  offices, 225 

to  grant  commissions, qq 

to  hold  no  other  office, 81 

to  issue  military  commissions, 204 

to  issue  warrants  for  payment  of  money, ..,'.    20 

to  keep  the  great  seal, qq 

to  nominate  State  officers, "  ]     98 

to  recommend  measures  to  Legislature, 73,    74 

to  reside  at  seat  of  government, 195 

to  sign  bills, 77 

to  transact  business  with  other  States, 83 

vacancies  in  office  of, 88,  89,    90 

veto  power  of, , 92,93,94,95,    96 

Grand  inquest  of  state q 

Grand  Juries  may  be  abolished,  17 

Grants,  continuance  of, 25 

for  scliool  purposes, 178, 179,  180, 181,  182 

of  land  confirmed,  27 

Gratuities,  forbidden  without  two-thirds  vote, 20 

Great  Seal,  and  its  uses, 96 

Hamilton  county  to  elect  with  Fulton, 56 

Happiness,  right  to  pursue, 2 

Head  rights, 24 

Heirs,  escheats  in  default  of, 23 

Hereditary  distinctions  disallowed, 2,      3 

privileges  forbidden, 2,  24,    25 

High  bailiffs,  election  of, 191 

security  required  from 103 

High  Court  of  Errors  and  Appeals, 113 

Highways,  provisions  relating  to, 17,    18 

Homestead  exemptions, 28,    29 

Honors  may  not  be  hereditary, 25 

House  of  Commons,  (N.  C.,) 49,  59,    67 

House  of  Delegates (see  Legislature.) 

House  of  Representatives 46,  47,  48,  49,  50,  5<i,  57,    58 

House  to  make  its  own  rules, 67,  68,    69 

Houses  of  Refuge, 174 

Hunting,  right  of, 29 

Idiots  excluded  from  voting, 35,    37 

Illinois  Constitntion,  arraucement  of  subjects, 228 

Immigration,  provisions  relating  to 25 

Impeachment,  Assembly  has  sole  power  of, 107 

of  Governor, 88,  8f»,    90 

pardoning  power  restricted  in  cases  of, 86,    87 

trials  of, 5,  108,  109,  110 

Imprisonment  for  disorderly  conduct  in  Legislature, 68,    69 

Incapacity  may  cause  removal  from  office, 196 

Incomes,  taxes  on, 162 

Indiana  Constitution,  arrangement  of  subjects, 228 

Indians  may  become  voters, 33 

purchase  of  lands  from, 23,    25 

Indictments,  trials  to  be  upon,. 4,      5 

Individual  liability  of  stock-holders, 173,  174 

Infants,  estates  of, 22,    23 

Infirmity  may  cause  removal  from  office, 198 

Information,  proceedings  by,  forbidden, 17 

Inhabitant,  term  defined, 37 

Inherent  rights,  2,  3,      4 

Inheritance  of  honors  forbidden, 2 

Innocence  to  be  presumed  until  guilt  is  proven, ' 5 

Inquest,  grand,  Legislature  may  act  as, 6 

Insane,  institutions  for  the 174 

Insolvency  of  banks,  billholders  secured, 178,  174 

Inspectors  of  prisons,  appointment  of, 100 

of  merchandise  abolished, 106 

of  State  prisons,  102,105 

Institutions,  State, 174 

Insurrection,  debts  incurred  in  suppressing, 163,  164,  165 

militia  may  be  called  to  suppress, 198,  199 

Interest,  laws  relating  to, 78 

on  canal  debt, 154,  155 

on  State  debt, 156 

rate  of,  fixed, 30 

Internal  improvements, 157,  158,  159 

right  of  way, 17,    18 

Intestates,  estates  of, 25 

Invasion,  debts  incurred  to  repel, 163,  164,  165 

militia  may  be  called  to  repel, 198,  109 

Inviolability  of  funds 105 

Iowa  Constitution,  arrangement  of  subjects, 228 

Islands  on  coast,  reservation  of, 24 

Jailors,  removal  of, 129 

Joint  resolutions  may  be  vetoed, 92 

passage  of^ 76 

Joint  stock  association,  liability  of  stockholders, 173,  174 

Journal,  legislative, 70,    71 

amendments,  to  be  entered  on, 209 

record  in,  on  removal  of  judges, 130 

right  of  recording  protest, 70,    71 

Judges,  classification  of, 129 


236 


Page. 

,  „,  188 

Judges,  cotmty,  removal  oi, j™  ^^   jgj 

elections  of, 220,    221 

firtjt  electiou  of, 15(1 

forbidden  to  take  fees, jgi 

may  be  comraiesioned  ad  litem, '«■  64  m'  m  127 

may  hold  no  other  office, 45!,  M,  00,  iot, 

may  not  receive  leave  of  absence ^^ 

S?^^5;;;;;iS^lriais;o<;in>peachmenC---"^^i(";  110 

of  Court  of  Aplicals,  renioval  of, ■■■   •  •  •  ■  jj^ 

of  Snpreme  and  Circuit  Courts, ml  128 

qnalincation  of, Y24  las'  129 

removal  of, 123',  124^  12« 

salary  of, ;::;'.".:;::is4,i23, 129 

term  of  office  of, '       '  j.vj 

to  cliarge  juries, j.>2 

to  give  opinions. .'.'.i'ss',  130 

vacancies  in  otnce  oi, ■ •  j^  ..^  ..jq  ^ jq 

Judgment,  in  trials  of  impeachment, 107,  IW,  JU»,  ii" 

rSioval  of,  from  inferior  courts ^gj 

Judicial  decisions,  publication  of,  iu '  141 '  14ii  1-13 

districts ■ .  •. '       '         o->o 

elections  under  Constitution, jj„ 

officers,  election  of,. ...... ^...-j ^^s 

'""'""  ii6,in,  112 

to  be  iliBtinct  froni  iegisiati've  or  eMCUtlve, •  •  •  ^45 

Juries,  charges  to, W      g 

may  be  less  than  twelve  men, ■-^<      ^ 

right  of  trial  by,. •    '      g 

trial  by,  may  be  waived, .- 

to  be  judges  of  law  as  well  as  fact, J ' 

to  determine  value  of  property  taken, " 

Jurisdiction  of  Boards  ot  Supervisors, '.^ 

concurrent jgg 

of  County  Courts —    jj  ■  j jg-  jj,   j^y 

of  courts, ■■■,• lio,  iii,  »»",       . 

of  courts.  Legislature  may  alter 112 

of  Court  of  Appeals 14.5   148 

'  '  ""         '    "■""  W 

6 
(i 
0 


continuance  of  till  cerUin  term, . 
power,  how  vested,. 


of  Justices  of  Peace, .^' 

of  State, -■         4 

Jurors,  choice  of, g' 

must  be  sworn, / 

j,Skf'S,\i™^^admtaisi^d-withoii  -^r^Mj 


delay 


111,  112 


Justices'  courts :  ji-  -v,  .  .5   ,40 

Justices  of  the  Peace 143,144,140,  im 

may  hold  other  offices, 5 

trials  before, V.^'  ^oa 

Justices  of  Sessions . . ... . .  ...•••  ■ . .  ■  — '  o-k 

Justices  of  old  Snpreme  Court,  limit  of  term, -  •  •  «? 

Justices  of  Supreme  Court, "»'  "" 

one  in  each  judicial  district, 'Jg 

pardoning  power  of, j^g 

removal  of. i''-'^'i"i <w« 

Kansas  Constitution,  arrangement  of  subjects, ^» 

Keeper  of  chancery  records JJ 

Kentucky  Constitution!  arrangement  of  subjects 2g 

Labor  of  convicts  in  prison, ^ 

Land  office ^na 

commissioners  of, ^^ 

Land  warrants, ;•■:■: oa 

Lands  declared  the  property  of  state, ^ 

forfeiture  of. ,  t-j 

for  salt  manufacture, l™   ,..(, 

granted  for  schools, '  '    Xn 

grants  of,  continued, ;, 

may  not  be  bought  of  Indians, ■        fi 

'  tf  nnK1i<'  Ildfk  • ■*''     J   .? 

24 
29 

■m 

28 
1 


Page. 

Legislature,  elections  by,  to  be  viva  voce. « 

flrst'elecUon  of  under  Constitution,  217,  218 

forbidden  to  grant  irrepeiilable  privileges ■> 

forbidden  to  sell  private  lands, •  ■■    '» 

freedom  from  arrest, 'J     '2 

freedom  of  speech  in "'    i? 

Governor  may  adjourn, ■  •  ■     'f 

Governor  may  convene, '*>    1? 

Governor  to  communicate  by  message, 1? 

has  sole  power  of  suspending  laws, • '».     '» 

may  alter  jurisdiction  of  courts, l">  "J 

may  cause  deductions  from  salaries, ^^ 

may  confer  powers  upon  Boards  of  Supervisors.      . . . .  ■  ■  ■  •    l» 
may  direct  election  or  appointment  ot  certain  officers,  IS^-IW 

mav  erect  new  courts, "1 

may  establish  courts, "f 

may  establish  courts  of  conciliation, ■  ■  Joi 

may  expel  members, ;^'  i5o 

may  form  judicial  districts, "*.  »™ 

mav  grant  no  divorce, :;.■:■■  l: '  o<S 

may  modify  mode  of  electing  militia  officers, 204 

may  not  change  names, f* 

may  not  gi'ant  leave  of  absence  to  j  udges (» 

may  not  pass  certain  laws, iii'  im  iS 

may  organize  counties,  cities,  towns,  Ac ItiO,  l()7,  IM 

meetiug  of, -, ^ 

members  forbidden  to  act  as  counsel, i^-'i^rm   oAs 

members  to  take  an  oath 206,  206,  207,  208 

not  to  grant  extra  compensation, ■■■    ^ 

organization  of, ?i'    2S 

pardoui  ng  power  of, »;  '2S' 

passage  oTbills  by, ™'  '»' 

pay  of  members,    V7  Ik' 

powers  of, 01,  i», 

power  of  removal  by, 

power  of  removing  judges, 

prohibited  from  licensing  lotteries ^ 

punishment  may  be  ordered  by •>».    »« 

quorum  in,  j,^ 

reciuired  to  assemble, im'  irj'  1^ 

restricted  in  creating  debt, *''^'  ,i, '  Jm 

restrictions  in  legal  proceedings, ■ -i^i,  i« 

right  of  protest  in  journal, '">  ".     'i 

terms  of  ofllce,. ■■■■■■■■[[■  [[[[^(i^^    M 

t(rdirect"iime'andinanner  of  eiecti'iig  militia  officers, .'.       2TO 

to  choose  its  own  officers, ■  ■  •  •  ■  '0.     'i 

to  choose  Treasurer  and  Comptroller, 101 ,  lOi,  IW 

to  encourage  internal  improvements ^■^i.iSi 

to  encourage  learning, .     1 10-100 


taken  for  public  use, jii' 

taxes  on ^ 

Language,  'ignorance  o(  Engiis'h,'  not  to  exclude  from  office, 
of  "the  laws, 

Lawgivers,  qualities  necessary  in, 

Law,  deprival  of  rights  without  sanction  of, 

juries  may  determine, • ° 

changinsr  county  seats  to  be  submitted  to  a  vote, «o 

codification  of, S 

colonial,  valid. m  iii '  Wob"  90a 

continuance  of, V«,  •,1?' ?^J' S  ^ 

creating  debts 163,164,165,16b,  IM 

for  payment  of  salaries ; ;•■•    fi 

general,  for  formation  of  corporations, lb!),  1  <u 

imposing  or  continuing  taxes '™ 

language  of. ..■•.■ S 

must  be  warranted  by  constitution, .■■•■■    ;» 

passage  of       76.  76,    77 

passage  of!  imposing  taxes  or  creating  debts, 168 

prohibition  against  certain '" 

publication  of. '•',, 

re-enactment  of, -  ■     ix 

revision  of, '^'    iX 

should  be  founded  on  sound  pnnciples, fj 

style  of, '0 

to  be  public,  unless  otherwise  declared, '° 


to  be  uniform  in  operation, . 


78 


to  embrace  but  one  subject, Wa  iS 

when  to  take  effect, m 

Leases,  limited, .• tl 

Leave  of  absence  to  judges  forbidden, iA;  JCW  oai 

iegal  proceedings,  continuance  of, 221,  ea,  «o 

Legislation,  restraints  upon, 78 

by  Supervisors,    °v 

Legislative  power,  how  vested, ~ 

-    to  be  separate  from  other  departments, js 

districts  63,     54 

year,. ..'.:. ;  ■.■:::;.■.■;.'.■...■......... i9«,  i!«- 1* 

Legislators,  qualifications  of, W 

to  receive  no  civil  appointments, »„  Si  to 

Legislature,  adjouruments  of, 70,  71,  7^ 

as  a  grand  inquest, '. •  _? 

autliorized  to  limit  the  franchise, 

day  of  election  for, 


87 
77 
61 
69 
198 
129 


to  establish  a  system  of  town  government, ITO 

to  judge  of  election  ot  members, bJ,  ^u,    71 

to  iceei)  a  iournal '"'.ii'  .„ 


to  keep  a  journal, inn   ibi 

to  levy  uniform  taxes, '""'  '?i 

to  organize  militia v  ;.•  • '  ";.V  '.'i aiW  o'vJ 

to  prmide  for  amendment  of  Constitution, ^"'  fJS 

to  provide  for  appeals, r  ■,!.■ ' ' '  Vt'  c i?a 

to  provide  for  application  of  grants  from  U.  S., 158 

to  provide  for  filling  vacancies  in  office 1»J 

to  provide  for  organization  of  courts, lo^ 

to  provide  for  organization  of  villages, i  lO 

to  provide  for  putting  Constitution  into  operation i^ 

to  provide  for  renioval  of  oiHcers , i™ 

to  provide  for  revision  of  code, ^°* 

to  revise  laws Vn     «{ 

to  sit  with  open  doors ^-     " 

vote  of,  ill  apjiropriating  moneys, -",    ^ 

Levees  and  drams,  land  for, ii-n'  V-W  1M 

Liability  of  stockholders, '   lo     <i^ 

Libels,  tmth  may  be  given  in  eviderice, i»,    m 

Liberty,  none  to  be  deprived  of  without  law, 5,      b 

Librarian,  state .^L 

Librarians,  town, -  .„ 

License,  clerks  may  issue '™ 

of  lotteries  and  gambling  houses g 

Lleutcnant-General,  Lieutenant-Governor  to  be,     .  . ...    M 

Lieutenant-Governor,  election  of, 4.%  44,  45,  80,  81,  82,    90 

a  Commissioner  of  Canal  Fund, "» 

a  Commissioner  of  Land  Office -^  'Jj^ 

fu "fals'ot  Governor  for  impeachment,: ;;■.; :;iOT; 'm 

of, 'oil' 


pay 


.90, 
,.81, 


powers  of, 

qualifications  of. 

to  be  Lieutenant-General, ?? 

to  be  President  of  Senate, •  ■  •    ^ 


vacancy  in  office  of. 


88,89,    90 


when  to  serve  as  Governor : . .  .8»,  tw. 

Imitations,  statute  of, ■••.■••  i ' 


Limitations,  statute 


6 


66 


Liquors,  sale  of,  may  be  prohibited, ^ 

Literary  qualifications  of  voters, ^^ 

Literature  fund,  y-n   ...j, 

Loan  of  State  credit, ^^■'<  ['^ 

Local  courts 025 

continuance  of. / :  ■ ": t7 

Local  laws  to  embrace  but  one  subject, " 

legislative  powers  of  Supervisors ■■     '» 

use  of  nionev,  laws  relating  to, ^    g 

Lotteries  forbidden ^    gg 

LoTs^ia''nl'const'uuVionVarraugenient  of  suhjectsV. ;  ^ 

Lucrative  offices,  two  ekn  not  Tie  held  by  same  person.  •  ■  «,    42 

Magazines,  reports  concerning f^^ 

reports  on  condition  of, •  ■  •  •  •■•.••■■ 009 

Maine  Constitution.  arrani;ement  of  subjects '^  ^ 

Maior-Genorals,  election  of, • '"■^  r^x 

Manufactured  p'roduct9,_.eorpo_rations_aB  carriers  of, 18 

37 
28 


Mariners'  wages,  suits  for,  without  Juries, •  •.  •■ 


Marines,  vote  of. 


.22, 


Marriage  contracts ^  j^ 

licenses, ■  ■■.•■•  ■  • 09 

ofwhites  and  negroes  forbidden ■•■    |^ 

Marriages,  rejistration  of, "°'    .-^ 

Married  women,  property  of, 


237 


Page. 

Maryland  Constitution,  arrangement  of  siibjectc, 229 

Maseachiif^etts  Constitution,  arrangement  of  subjects, 229 

Masters  in  Chancery,  limit  of  term, 224,  2g 

Meaeurcrs,  office  abolished, 106 

Mechanical  trades  not  to  be  taught  in  prieone, 29 

Meeting  of  Legislature,  time  of, 62,  6^^,    64 

Members  of  Congress  to  hold  no  other  office,  41,  42,  43,  64,  65,    66 

of  Legislature  to  receive  no  appointments, 64,  65,    66 

to  take  no  State  contracts, 64,65,    66 

Message,  Governor  to  communicate  by, 83 

Mexico,  citizens  of,  at  time  of  treaty, 33 

Michigan  Constitution,  arrangement  of  BubjectB, 229 

Mileiige  o(  members  of  Legislature, 60,    61 

of  Lieutenaut-Governor 91 

Military  duty,  performance  of,  a  qualification  of  voters, .  .32,    33 

exemptions 2(>3,  204 

exemption  fund,  applied  for  schools, 180 

service,  absence  of  voters  in, 31,  32,    34 

Militia,  commander-in-chief  of, 82,    83 

not  to  be  taken  from  State, 83 

officers,  election  of, 201,202,203 

organization  of, 198,199,200,  201 

Mineral  products,  corporations  as  carriers  of, 18 

Mines  and  minerals,  release  of,  24 

Minnesota  Constitution,  arrangement  of  subjects, 229 

Minors,  emancipation  of, 22 

Minors,  laws  not  to  favor  in  special  cases, 78 

Miscellaneous  provisions  in  Bill  of  Rights, 2i> 

Mississippi  Constitution,  arrangement  of  subjects, 230 

Missouri  Constitution,  arrangement  of  subjects, 230 

Misuse  of  public  funds,  disqualifies  from  holding  office,..  72,    73 

Mondays,  no  election  may  be  held  on, 39 

Money,  appropriation  of, 20,    21 

app'roi>riated  to  local  or  private  use, 18 

how  to  be  computed 20,    21 

to  be  paid  only  under  appropriations, 157 

Monopolies  forbidden, 24,    25 

Morality  should  be  encouraged, 181 

Mortgages  require  cont-ent  of  wife, 28,    29 

Municipal  corporations,  debts  of, 166, 167,  168 

restrictions  upon  credit  of, 175 

Municipal  courts, Ill,  112,  147 

Names.  Legislature  not  to  change, 22,  23,    78 

National  banks,  laws  to  be  passed  enabling  formation  of,  173,  174 

Naturalization  of  for  igners  allowed, 4 

Navigable  waters,  concurrent  jurisdiction  over, 24 

Navy,  crimes  in,  not  to  be  tried  by  jury, 5 

persons  in,  allowed  to  vote, 34,    37 

State,  Governor  to  command, 82,    83 

Nebraska  Constitution,  arrangement  of  subjects, 230 

Neglect  of  duty,  reduction  of  salaries  in  case  of, 22 

Negroes,  marriage  of,  with  whites  not  allowed, 29 

restrictions  upon  franchise, 33,    34 

Nevada  Constilulion,  arrangement  of  subjects, 230 

New  Ilainpsliire  Conriititution,  arrangement  of  subjects,  —  230 

New  Jersey  Coii'jtitution,  arrangement  of  subjects, 230 

New  Orleans,  university  to  be  established  in, 186 

Newspapers,  publication  of  laws  in, 79,    80 

New  York  city  to  be  a  judicial  district, 114 

New  York  State  Constitution,  1777,  arrangement  of  subjects,  230 

1821,  "     .  •'  231 

u  u  u  1846,  "  "  231 

Nobility,  titles  of,  may  not  be  granted, 23,    25 

Nominations  of  Governors  for  office, 84 

Non-resistance,  doctrine  of.  slavish, 4 

Non-user,  forfeiture  from, 171 

North  Carolina  Constitution,  arrangement  of  subjects 231 

Notaries  Public,  appointment  of. . .  .128,  190,  191 

Number  of  members  in  Legislature, 47,  48,    49 

Oaths  concerning  dueling, 17,    27 

jurors  to  take, 5 

of  military  officers 199,  200 

of  allegiance  of  electors 33 

of  court  for  trial  of  impeachment, 107,  108,  109,  110 

prescribed  forms  of, 205.  206,  207,  208 

Office,  Judges  may  hold  no  other, 126 

property  qualifleations  for, 4 

qualiticatiou  of  Judges  for, 127 

restrictions  upon, 41,  42,    43 

tenure  of  Judges, 129 

term  of  Judges 124,  125 

holders,  restrictions  upon, 41,  42,    43 

must  be  voters, 43 

Officers,  civil,  may  be  removed  and  impeached, 29 

civil,  to  act  till  successors  are  appointed, 29 

each  town,  city,  ifec,  to  support  its  own, 177 

first  election  of, 217,  218 

of  Legislature, 67,  68,  69,  70,    71 

liable  to  impeachment, 107,  108,  109,  110 

militia,  election  of, 201,  202,  20:i 

no  more  than  one  may  be  held, 29 

and  reporters  of  courts, 147 

required  to  take  oaths 205,  206,  207,  208 

Offices,  ci  vil,  not  to  be  given  to  Legislators, 64,    65 

continuance  of,  under  Constitution, 219,  220 

county,  to  be  kept  at  county  seats 195 

foreign,  may  not  be  held  by  citizens, 3 

may  be  held  only  by  citizens, 3 

not  more  than  one  should  be  held, 3 

tenure  of, 193,  194 

that  may  not  be  held  by  same  person, 42 

vacancies  in, 29 

Ohio  Constitution,  arrangement  of  subjects, 231 

Omissions  in  instruments  and  proceedings, 121 

Opinions,  Governor  may  require, 84 

Order  of  arrangement  of  subjects  in  Constitutions 227 

Oregon  Constifutiou,  arrangement  of  subjects, 231 

Organization  of  Legislature, 67,    68 

Origin  of  bills 75 

Orimans'  Court, Ill 

Oyer  and  Terminer,  Court  of, 116,  118 

Pardoning  power, 86,    87 

restrictecl  in  treason  and  impeachments,  87 

Pardons.  Council  of, 86 

to  be  reported  annually, 87 

60 


Page. 

Passage  of  bills 75,76,    77 

of  laws  imposin<j  taxes  or  creating  debts, 368 

Paupers  excluded  from  voting,    35,    3? 

Pay  of  Lieutenant-Governor, 90,    91 

of  Members  of  Legislature, 60 

Paymasters,  military, 200 

Payments  from  funds  regulated,  157 

Pennsylvania  Constitution,  arrangement  of  subjects,  .  ..231,  232 
People,  the,  have  a  right  to  alter  and  reform  government,  .2,      4 

Perjury  excludes  from  suffrage, 36 

Perpetuities  forbidden 24,    25 

Petition,  right  of, 22 

Pleadings,  code  of, 152 

Political  year, 196 

power  inherent  in  people, 2,  3,      4 

Poll  books  at  elections, 38,  39,    40 

Poll  taxes 161,168,169 

forbidden  or  allowed, 2 

Postage  of  members  of  Legislature, 80 

Power,  general,  of  Governor, 85 

inherent,  28 

of  government,  distribution  of, 45 

pardoning, 86,    87 

political,  originally  resides  in  the  people, 2,  3,      4 

Preamble, 1 

Pre-emption,  ri«^hts  of, 24 

Preference  of  bulholders  of  insolvent  banks, 173,  174 

Prerogative  Court, Ill 

Presents  from  foreign  powers, 3 

President  of  Senate, 67,  69,    70 

in  case  of  vacancy  of  Governor, 88,  89,  90,    91 

to  sign  bills, 77 

Press,  freedom  of, 19,    20 

Primogeniture,  laws  of,  forbidden, 25 

Principles,  fundamental, 28 

Printing,  State, 79,    80 

Prison  Commissioners, 174 

Prisoners  excluded  from  voting, 35,    37 

Prisons,  mechanical  trades  not  to  be  taught  in, 29 

convicts  may  be  seen  at  their  labors, 29 

Private  laws  to  embrace  but  one  subject, 77 

property  taken  by  corporations, - 170 

uses,  money  appropriated  for, 20,    21 

Privileges,  depnval  of, 1 

may  not  be  exclusive, 2,  3,      4 

may  not  be  irrepealable, 2,      4 

of  electors, 36,  37,    45 

of  legislators  from  arrest, 74 

Probate  Courts, Ill,  112,  137,  139,  141 

Proceedings,  legal,  continuance  of, 221,222,  223 

of  legislature,  journal  of, 70,    71 

style  of, 153 

Process,  civil,  may  not  be  served  on  election  day, 36 

style  of, 153 

Proclamations  convening  Legislature, 73 

Products  of  country,  not  to  be  taxed, 160 

Proofs  of  right  of  suffrage 38 

Property  exclusively  used  for  certain  purposes,  exempt  ft-ora 

taxation, 29 

of  aliens, 25 

of  married  women, 29 

privatCj  may  not  be  taken  without  compensation, 17 

protection  of,  due  from  government, 3 

qualifications  for  office,  4 

taken  by  corporations, 170,  171 

to  be  taxed  uniformly, 160,  161 

ultimate  right  of, 23,    24 

Prorogation  of  Legislature,  72,    73 

Prosecuting  attorneys, 128 

removal  of, 129,  130 

Prosecutions  for  libels, 19,    20 

Protest,  right  of  recording,  in  journals, 70,    71 

Prothonotaries,   149 

Publication  of  Constitution 2^4,  225 

of  journals, 79,  71,    79 

of  laws 151 

Public  lauds,  provisions-  relating  to, 23,    24 

uses,  appropriations  for, 18 

uses,  property  taken  for, 17 

works, 157,  158,  159 

Punishment  by  Legislature, 68 

pardons  from, 86,    87 

Quakers  exempted  from  military  service, 198, 190,  203,  204 

Qualifleations  of  clerks, 148,  149 

of  electors, 30,  31.  32,    m 

of  judges, 127,  128 

of  legislators, 60 

■    of  members,  decision  on, 67,68,    69 

i    Quarter  sales,  forbidden. 24 

Quarter  sessions  of  the  Peace  Court  of, Ill,  141 

Quorum  in  legislature, 67,    68 

Kailroad,  state  aid  to, 158 

Rank,  military, 198,  199 

Ratification  of  constitution, 209,  210 

Ratio  of  representation, 53-60 

Reading  a  qualification  of  voters, 34 

Rebellion,  aid  in,  excludes  from  suflrage, 36 

Receipts  and  expenditures,  statements  of, 20,    21 

of  officers  to  be  reported, 198 

Receiver;General, 102 

Recorders,  appointment  of, . .  147 

election  of, 188,  189 

Recorders  of  wills, 149 

Re-enactment  of  laws, 79 

Regents  of  the  University, 186,  187 

Register  of  land  office, 101 

of  wills,  election  of, 182 

Register's  court, Ill,  112,  137 

Registration  of  births,  marriages  and  deaths, 38,  141 

of  separate  property  of  married  women, 29 

Registry  of  bank  bills, 171,  172 

of  voters, 38 

tax 32 

Regulations,  military  of  United  States,  adopted, 199,  200 

Rejection  of  bills, 75 


238 


Page. 

Release  of  state  daims  prohibited 166 

Keii"ion  of  members  of  Legislature, tiO 

scruples  of,  may  exempt  from  military  duty, 203,  2()4 

should  be  encoiiraged, 181 

Relisious  corporations, ItiO,  170 

freedom, 7 

Kemission  of  flues  and  forfeitures, 86,    87 

Kcmoval  of  civil  officers, 29,196,197,  198 

of  Judges, 129,  180 

of  Justices  of  Peace, 144 

of  militia  officers 2(V1 

of  SheritTs  and  other  officers 188, 189, 190,  191 

Rents,  reservation  of, 23,    24 

Repeal  of  special  privileges, 2,      4 

Repairs  of  canal, 154,  155 

•Reporters  of  courts, 147,  148,  149 

Reports  of  decisions,  publication  of, 151 

from  militarv  officers 199 

from  public  officers.  Governormay  require, 8.S 

Representatiou,  equalization  of,  ..48,  49,  63,  54,  65,  56,  67,  58,    59 

Reprieves,  granting  of, 86,    87 

Reservation  of  rights, 28 

Residetjce  of  civil  officers, 195 

of  Uovernor, 81 

of  members  of  Legislature, HO 

of  soldiers  in  garrison, 85,    87 

of  BtHte  officers, 98 

of  voters, 30,31,32,83,    37 

Restrictions  upon  office 41 

Revenue,  bills  for,  where  to  originate, 75 

Revenues,  canal, 154, 155,  156 

provisions  relating  to, 160,  161 

of  school  and  literature  ftmds 178 

Revision  of  Constitution,  vote  to  be  taken  on, 212 

council  of, 92 

Rhode  Island  Constitution,  arrangement  of  snbjects, 232 

Right  of  assembling, 22 

of  petition, 22 

of  recording  protest  in  the  journals 70,    71 

of  wav.  pavment  for, 17,    18 

Rights,  dcprival  of, 1 

inherent,    2,8,      4 

of  aliens. 25 

of  legislators 67-72 

reservation  of, 28 

Riots,  property  taken  in  case  of, 18 

Roads,  private, 17,    18 

Rotation  in  office,  a  geenrity  of  freedom, 2 

Rules,  each  house  may  deteVmine  its  own, 68,    69 

.Salaries,  deductions  from, 21 

laws  for  payment  of,  to  embrace  no  other  subject, 20,    21 

not  to  be  increased  or  diminished  during  terras, 21 

Salary  of  County  Judge, 137 

of  Governor,  84,    85 

of  Judges 122,123,124,    125 

of  State  Librarian, 187 

of  State  Officers 97,98,99,  100 

Sale  of  canals  forbidden, '. 157 

Sale  of  justice  forbidden, 5 

of  salt  springs  forbidden, 157 

Saline  fund  applied  to  schools, 179 

Salt  duties, 159 

springs,  sale  of,  forbidden, 167 

School  funds, 178-185 

Schools,  property  of,  exempt  from  taxes, 160,  161 

provisions  relating  to, 178-185 

Science,  enconragement  of,  . .  .178,  179,  181, 182, 184,  185,  186,  187 

Seal,  great,  and  its  uses, 96 

Seamen,  vote  of, 31,  32,  84,    87 

Seat  of  government,  certain  officers  to  reside  at, 195 

Clerk  of  Court  of  Appeals  to  keep  office  at, 147 

Secession,  right  of,  denied, 8 

Secrecy,  doors  of  Legislature  may  be  closed  if  needed.  70,  71 ,    72 

Secretary  of  State 101    102,    108 

election  of, 97,  98,  99,  100 

duties  of, 97,98,99,  IPO 

duty  in  case  of  vacancy  of  Governor, 89,  90,    91 

s  Commissioner  of  Land  Office, 106 

a  Commissioner  of  Land  Fund, 106 

pay  of, 85 

removal  of, 85 

keeper  of  seal, 96 

to  be  Registrar  of  Prerogative  Court, 100 

to  be  Secretary  of  Senate 100 

Si«urity  for  redemption  of  bank  notes, 171,  172 

of  Commissary-General, 203 

of  Sheriffs,   188 

Sedentary  militia, 199 

Selectmen,  election  of, 191 

Self-government,  rights  of,  2,      3 

Seminaries,  encouragement  to, iis,  186 

Senate  and  .Assembly,  legislative  power  vested  in, 45 

Senate,  how  composed, 46,  47,    48 

Lieutenant-Governor  to  be  President  of, 90,91,    92 

may  remove  military  officers, 204 

nominations  of  olHcers  to, "..       .      84 

power  of,  in  removal  of  judges, 130 

Secretaryof, ". '     '      100 

to  elect  Major-Generals, !.  202 

to  make  its  own  rules 67,68,    69 

to  try  impeachments, 107,  ios,  109,  HO 

Senatorial  districts, 58 

Senators,  a'-e  of, 60 

cl  issiHcation  and  terms,  46 

UnitedStates 80 

Services,  certain, ..!!.!......!!    23 

extra  compensation  for.  forbidden,  ! 21 

personal,  taken  for  public  use,.  -  18 

Sessions  of  Legislature, .63,    64 

Sheriffs,  election  of, 147  Vs8  189  i9o'  19' 

security  required  from, 103 

removal  of. ". .'.'.' " '. ." '.  12!t   '*' 

residence  of, .     . . .'  '95 

to  collect  military  fines,  . . .  200 

Shore  rights, 30 


Page. 

Signature  of  bills, 77 

Silver  money  to  be  computed  in, SO,    21 

Sinking  fund  created, 155,  156 

Commissioners  of, 106 

Slaves,  taxes  on, 161,  168 

Soldiers  uot  to  gain  residence, 35,    87 

vote  of,  provisions  relating  to, 34 

South  Carolina  Constitution,  arrangement  of  subjects, 232 

Sovereignty  of  United  States  declared, 29 

Speaker  to  be  chosen, 67,  68,  69,    70 

of  House  to  sign  bills, 77 

of  .\ssembly,  in  case  of  vacancy  of  Governor 88,  89,  90,    91 

of  Assembly,  a  Commissioner  of  Laud  Office,  106 

Special  Courts  of  Appeals, I13 

laws  not  tt)  be  passed 78 

Sjiccie  imvini-nts.  suspension  of  may  not  be  authorized,  171,  172 

Spcecli,  fri'i'dom  of, 19,    20 

in  Lcirislature, 74 

Stall'  (pllicfrs,  appointment  of, 201,  Son 

Stale  attorneys, 108,  104,  l28 

bank,  authorized, I72 

claims  (if  to  be  enforced, I56 

credit  not  to  be  loaned, 1.57, 1.59,  160,  l61 

debt 102,  10.3,  164,  165,  l(i6 

Engineer  and  Surveyor,  election  of, I05 

Engineer,  appointment  of, I57 

■  EngineiT.  otlice  may  be  abolished, 93 

Engineer  and  Surveyor,  a  Commissioner  of  Land  Office,..  I06 

institutions I74 

officers,  election  of, 97,  98,  99,  loo 

not  to  receive  fees. 97,  99,  loO 

vacancies  in  office  of, 97 


K 


per, . 


79 

'rirton  CommisBionere, 174 

Prison  Inspectors,  election  of, l05 

puitt*  may  be  brought  against, 18, 19,    29 

univer!*itie8, ■ 185,  186,  l87 

Stationery  for  Legislature, 80 

for  use  of  State, -29 

Stations,  railroad,  right  to  take  lands  for. ig 

Steamboat  passenger  tax, I59 

Stockholders,  liability  of, 173,  1 74 

Stndentf*.  right  of,  as  voters, 37 

Style  of  laws. 75 

of  writs  and  proceedings, 158 

SuhaUerns,  election  of, 201,  203 

SuflTrage.  exclueions  from, 35,    36 

proofs  of  right  to, 38 

right  of, ; 30-36 

Suicides,  estates  of, 3 

SiiiisiiuMiii^t  the  State, 18,  19,    29 

c<)iiiiiiu;nM(t  of,  under  Constitution, 391,  222,  323 

Suuiini>ii?^  iiiity  not  be  served  on  election  days, stf" 

Su|K'riiit('ii(U'nce  of  canals, 154,  I55 

Superiiiti'iidentof  Public  Instruction,. .103,  181, 182,  183, 184,  l85 

appointment  of, 93 

Superior  Court,  lu 

jurisdiction  of, I19 

Supervisors.  Boards  of, 192,  193 

election  of, 188, 189,  I92 

legislative  power  of, 80 

may  apply  for  election  of  special  judges, 139 

powers  may  be  conferred  upon, 79 

taxation  by. leg 

are  to  average  Assembly  Districts, 54,    55 

Supremacy  of  United  States, 29 

Supreme  Court  of  Appeals, 113 

Supreme  Court, 110,111,  112,113,  121,  123 

jurisdiction  of, 111.  117,118,  119,  I20 

organization,  terms  and  miscellaneous  provision8,114,  115,  116 

Legislature  may  establish  a  separate, 141 

to  appoint  its  clerks, I47 

clerks  of,   I47 

transfer  of  business  of, 224,  225 

Surgeons,  military,  2M 

Sureties  for  public  officers, 98,    99 

Surrogate  Courts 139. 140.  141 

Surveyor-General,  election  of, 97,    98 

pay  of, 85 

Surveyor,  county,  elected, !»<,  189,  190,  191 

election  of. 104 

removal  of, 129 

residence  of, 195 

Suspension  of  laws,  when  allowed, 28 

of  laws,  may  not  be  done  except  by  order  of  Legislature,.    78 

of  officers  under  trial  of  impeachment, 107 

of  special  payments.  171,  172 

of  Treasurer  from  office, 106 

Taxation  hy  counties,  towns,  &c., 166,  167,  168 

exemption  frnm. 29 

piovif^ions  rcliiling  to, 160,  161 

restrict ioMH  upon  local, 175 

Taxes,  capitation, 168,  169 

on  civil  suits, 147 

for  internal  improvements,   158 

laws  imposing. 77 

laws  for,  must  have  two-thirds  vote, 21 

must  be  authorized  by  law, 21 

registry  of. 82 

tol)e  laid  for  canceling  debts, 167 

to  be  laid  to  pay  State  debt, 156 

Taxpayer,  qualification  of, 81,  ^    38 

Tennessee  Constitution,  arrangement  of  subjects, 232 

Tenure  of  lands, 25,    34 

of  military  offices, 301,  202 

of  offices,  193,  194 

of  office  of  Judges, 129 

of  office  of  J  ustices, 145,  146 

of  Assembly, 46,  47,  48,  49,    50 

Term  of  Judges  under  Constitution, 220 

of  office  of  legislators, 50 

of  Senators, 46,  47.  48,  49,    50 

Tenns  of  Supr  me  Court, 114,  115,  116 

Testimony  in  equity  cases, 129 

Texas  Constitution,  arrangement  of  subjecta, 288 


239 


Threatening  legislators  punished, rs    m 

Tippecanoe  battle-fleld  reserved,  'Si 

Titles  of  nobility  may  not  be  granted"  '. 9       , 

Town  clerks, "iftQ'Vdft\'nft*4nT' -«** 

debts  of,  nk  to  be  assumed  bV  stile,:::::^^'  ^^'  ^^'  }?^'  J^ 
libraries, Jo»,  ido 

T.ef^.atiinby;;::::::---"--"---^^'^'i^^^^^ 

Townships,  may  sue  and  be  sued,    ■"»,  10(,  ib8 

Township  or^'anization, i'7>;"i^o  ;i; 

Treason  cxcliulea  from  suffrage,        S 

pardoning  power  restricted  in,... ii-    25 

presentment  on  indictment  for,.  '    ^ 

privilege  not  extended  in  case  of    -V    -? 

Treaties  made  by  United  States,  bindine ^    S 

Treafng  for  a  vote  disqualifies  from  suffraKe ?? 

Treasurer,  State *■  ' iArVnl,-  .?" 

election  of,.... -J^hJ^  '"^ 

a  Commissioner  of  Land  OlBce '     '  '^'  19S 

a  Commissioner  of  Canal  Fund.    JxS 

pay  of, 106 

removal  of, S5 

Suspension  from  ofBce,.!!!! ,^ 

Treasurers,  county, 106 

Treasurer's  accounts,  auditors  of ??S 

Treasury,  payments  from, -^^  lO? 

Trial  by  jury,  right  of,  -■*.    21 

on^fc':'^^.":^ "hnVwas:«;nuniiied;:::;:::*:^  t 

to  be  speedy,  . .  107 

Tribunals  of  conciliation 5,      6 

KUi'J;  '^''y.^t  »''™n  "I  evidenciinlib'eis,' iq    'SI 

Ultimate  right  of  property.  P'    ^ 

Uniform,  military,  ^' 23,    !M 

Union  military  fund,  .  200 

United  States,  cession  of 'lands 'to ^*' 

citizenship  of, ....  ' 24 

Constitution,  arrangement  of ^'    31 

grants  from,...        ^  ' 232 

military  regulations  adopted; v^  158 

powers  delegated  to,  ' 199,200 

Senators,  ,.  28 

supremacy  of, .'.'.'. 80 

Universities,  3,    29 

University  lands      185, 186,  187 

Regents  of, ... .      182 

Usury,  penalties  of,   ' 186,  187 

Vacancies  in  offices    30 

m  county  and  town'oMces;;;;:::;;;;;;;;::;;;^^;^^^;^,,;  ^1 

of  Governor.  148 

of  Judges,      88,89,90,    91 

Of  Justice  of  Peace' 135,  136 

of  Ueutenant-Gove'mor 'S  1** 

of  Members  or  Senators 80,    91 


•of  Secretary, 


or  Senators, . . '. '. 


...66,    67 
100 


Vacancies,  provision  to  be  made  for  rniln?  lot  iiv,'?!!; 

to  be  filled  by  aovernor  """gi 196, 197,  198 

occasioned  by  impeachment,'" .2J 

Vagabonds  excepted  from  privUeges', ^*2 

Venue,  change  of, . .  ^    ' 9 

Vermont  Constitution,'  arrangement 'of  mbi'e'c't's" ^ 

Veto  power,  how  vested t.  ■'      V™  oiii.-  ^ 

not  recognized  in  certain  states, S«,93,94,95,    96 

Volunteers  allowed  to  vote  ^ 

Vote  on  adoption  of  Constitution; '. Wb'  Vm  di,  b,^  Ji 

^ssffi^ofstitfrbf''-"-^'--"--'^-  ^  a'^:1^ 

on  removal  of  county  seats   28 

VoTerraire'lfgS»cf  ■•■■•"•••••- 
pnvijeg<«,  dualifications,  &i;-oi;'.-.V.-.-.V.V.-.\V.'.'.*,-3f,'i;    U 

"""^^^SfT" '"  ^'"^^-'^o^o^^-Monoi: ::::::::  li 

taxationby.        166,167,168 

roadsin,         166,167,168 

reliance  upon,  '     184 

yice-Chancery  Courts 28 

Viva  voce  elections     '  H* 

in  Legislature, . .       43 

w!JP^'  {"'"•.i""8',  suits  fo'r,'witiioi;t  'i'nries "J 

War,  debts  incurred  in  time  of,  '  ik«  ilu'  <«? 

property  taken  in  time  of,       163, 164,  165 

wL;ferirr='>'''"""»'°^-«'i°^^^^^^^ 

for  payments  from  treasury, 24 

Waste  on  public  lands  20 

Weighers,  office  abolishe'd, ,24 

Weights  and  measures,.        JOo 

West  Virginia  Constitution,  ar'rangem4nt'of "subiecta e.?9 

^ro"crty  S?,"'?"' '° ''"'-''"'"™  '>^''omesteVdr'':'.'.'.;:;2^;  ^ 

Wisconsin  Cons'tituti™;  aVra'ngeiieii'tif'rabicc'ts 4? 

Witnesses,  compulsory  attendance  of       """'■''"="■ ^ 

notincompetent  from  religious  belef; , 

to  be  produced, '  ^ 

Women,  married,  proper'tyof,';;'.;;;;;;:; oi 

Writs,  continuance  off. ..... .  ;;;;; i.:,-  ■  •  —    29 

of  error -"Jl,  .iaa,  223 

on  bills  imposing  tai'ir'cVeatYn'g  debt;.'.'.'.' '**'  ^?? 

on  removal  of  judges, ^         ' V^'  .,11 

to  be  recorded i*^t  l*** 

Yale  College,  confl'raatVon  of  grants' '*'  , S 

Year,  legislative.  faiouio, 535 

political,  ..      193,  196 

fiscal, .'.■ 196 

196 


f  151 ig 


T  t    UD  I  <i  I 


:;^;;;;'^f'!i'(;^l|;{!illl;}!iailll 


